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How to avoid going to jail if you can’t pay off your credit card overdraft

It cannot be avoided.

Using a credit card beyond the prescribed amount or within the prescribed period and not returning the credit card after being called upon by the issuing bank violates Article 196 of the Criminal Law. The bank may resolve the issue through judicial means.

According to Article 6 of the "Interpretations 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 Obstructing the Management of Credit Cards": Malicious overdrafts involving an amount of more than 10,000 yuan but less than 100,000 yuan, It should be determined as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it should be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. If the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the offender 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.