If a credit card is maliciously overdrafted and unable to repay it, it shall bear corresponding civil liability or criminal liability according to the specific circumstances:

1. If the overdraft amount exceeds 10,000 yuan, the card-issuing bank shall Failure to return the money more than 3 months after the first collection shall constitute the crime of credit card fraud and shall be sentenced in accordance with the provisions of Article 196 of the Criminal Law.

After assuming criminal responsibility, you still have the civil legal responsibility to repay the credit card debt.

2. If it does not fall into the above circumstances, it will bear civil liability to repay the overdraft and overdue interest.

"Criminal Law"

Article 196: Whoever commits the crime of credit card fraud or theft under any of the following circumstances and conducts credit card fraud activities and the amount is relatively large shall be sentenced to not more than five years in prison Fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence is not less than five years but not more than 10 years of fixed-term imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; If the amount is particularly huge or there are 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 counterfeit goods Credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards"

Article 6 The cardholder shall, for the purpose of illegal possession, exceed If an overdraft is made within a prescribed limit or within a specified period and is not repaid for more than three months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and escape after overdrafting Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively 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 If the amount exceeds 1 million yuan, it shall be deemed 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.

In addition, your credit is gone. No bank will give you a credit card, not even a debit card!