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Will I go to jail if I owe 60,000 on my credit card?

If you owe 60,000 yuan on a credit card and you cannot pay it back after being called for it, you will go to jail. Credit card debts are different from ordinary civil debts. If the credit card debt is not paid back after collection, it is an act of malicious overdraft, which is malicious. Overdrafts are criminally liable. If you cannot pay off your credit card immediately, you need to proactively negotiate with the card issuer and repay it in installments as agreed.

According to Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China, whoever commits credit card fraud in any of the following circumstances and 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 20,000 yuan but not more than 200,000 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 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other serious circumstances For other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

(1) Using a counterfeit credit card, or using a Using false identity certificates to fraudulently obtain credit cards;

(2) Using invalid credit cards;

(3) Pretending to use other people’s credit cards;

( 4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Extended information:

Article 70 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Under special circumstances, it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability, and the cardholder If the person is still willing to repay, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum term of a personalized installment agreement shall not exceed 5 years. The content of the personalized installment repayment agreement should at least include:

(1) Arrears balance, structure, currency;

(2) Repayment cycle, method, currency, Date and repayment amount in each installment;

(3) Whether annual fees, interest and other fees will be charged during the repayment period;

(4) Cardholders will pay in personalized installments A commitment not to apply for a credit card from any bank before the relevant amounts in the loan agreement are fully settled;

(5) Rights, obligations and liability for breach of contract of both parties;

(6) Repayment Other matters related to payment.

If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt.

China’s Supreme People’s Procuratorate—The People’s Republic of China and the Criminal Law of the People’s Republic of China