However, overdue repayment will be recorded in the personal credit report. However, negative information such as overdue repayment is not always recorded in personal credit report, and the current credit record retention period in China is five years. After paying off the debt, anyone can start building a credit record again and start again.
On June 5438+February 65438+February 5, 2009, the Supreme Court of China and the Supreme People's Procuratorate jointly issued Article 6 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management: 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 determined in accordance with the provisions of Article 196 of the Criminal Law of People's Republic of China (PRC).
The so-called "malicious overdraft" refers to the overdraft behavior of the cardholder (bank credit card) who simply does not want to repay the overdraft or is unable to repay it, and absconds to escape the debt. If the amount of "malicious overdraft" is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, and all overdraft interest has been repaid before the public security organ files the case, if the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
One of the following illegal circumstances:
1. Use forged credit cards;
2. Use an invalid credit card;
3. Fraudulent use of other people's credit cards;
4. Malicious overdraft.
According to Article 196 of the Criminal Law (Revised Edition 1997), "Crime of credit card fraud and theft":
Whoever commits credit card fraud in a relatively large amount 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is especially huge or there are other especially serious circumstances, he 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 confiscated property.