Current location - Trademark Inquiry Complete Network - Overdue credit card - Will you go to jail if you can't repay your credit card? Do you still need to pay it back after being sentenced for being unable to repay your credit card?
Will you go to jail if you can't repay your credit card? Do you still need to pay it back after being sentenced for being unable to repay your credit card?

1. Will I go to jail if I can't repay my credit card?

Generally, the cardholder will not go to jail, unless the 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 being repeatedly collected by the issuing bank, the cardholder will be investigated for criminal responsibility, which is suspected of credit card fraud and needs to go to jail.

Article 196 of the Criminal Law

Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of article 264 of this law.

second, how to solve the temporary inability to repay the credit card?

1. Apply for deferred repayment.

if the cardholder fails to repay the loan on time due to unemployment, illness and other reasons, he can take the initiative to contact the bank to which the credit card belongs, explain his situation, indicate that he is not in bad faith, and apply for delayed repayment and interest concessions.

2. choose the lowest repayment.

this can use the least amount of money to maintain the normal repayment of credit cards and personal credit information is not affected. This service is not free. As long as the minimum repayment is selected, the consumption in the current bill will no longer enjoy the interest-free period, and the bank will charge five ten thousandths of interest from the day of consumption.

3. choose installment repayment.

if you can't pay off the debt in a short time, you can choose the statement for full installment and try to choose the longest term, which will not only minimize the financial pressure, but also lower the risk to the card compared with the minimum repayment.

4. Ask friends and relatives for help.

when an individual can't repay the loan on time, he can borrow money from friends around him, so as to avoid the situation of not repaying the loan on time.

Under normal circumstances, cardholders need to use credit cards in a planned way. In the process of using credit cards, if they lose their economic income for some unexpected reasons and are temporarily unable to repay, they must take the initiative to negotiate a solution with the issuing bank. However, it is very serious for cardholders to maliciously overdraw their credit cards for the purpose of illegal possession.