Credit card lending is a civil act. If there are no illegal and criminal acts such as credit card fraud during the period, the public security organs will not arrest people. However, if the borrower is really unable to repay, he should negotiate with the bank to reach a repayment agreement as soon as possible. If no agreement can be reached, the bank will file a civil lawsuit, and the court will mediate or make a judgment according to the situation.

If the amount owed reaches more than 1 10,000 yuan, and the card issuer fails to return it for more than 3 months, it should be considered as "malicious overdraft" in the criminal law and suspected of credit card fraud. After ascertaining the facts and obtaining sufficient evidence, the public security organ may arrest the criminal suspect according to law.

legal ground

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it for more than three months after repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:

(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;

(two) squandering overdraft funds, unable to return;

(3) Escaping after overdraft, changing contact information and avoiding bank collection;

(4) evading or transferring funds, concealing property or evading repayment;

(five) the use of overdraft funds for illegal and criminal activities;

(six) other acts of illegal possession of funds and refusal to return them.

Malicious overdraft should be investigated for criminal responsibility. However, if all the overdraft interest has been repaid after the public security organ files the case but before the announcement of the judgment of the people's court, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted.

If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.