If the credit card money is not paid, you can apply to the bank for the minimum repayment amount or delay the repayment. If it is for the purpose of illegal possession, the overdraft amount reaches more than 50,000 yuan, and it is suspected of malicious overdraft if it is not returned after being collected twice by the issuing bank for more than 3 months. If the amount of malicious overdraft stipulated by law is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as a relatively large amount stipulated in Article 196 of the Criminal Law, and it 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 there is no malicious overdraft, criminal responsibility may not be investigated. The conditions for malicious overdraft are:
1, for the purpose of illegal possession;
2. The overdraft exceeds the prescribed limit or time limit, and it is still not returned for more than three months after being effectively collected by the issuing bank twice.
If the debtor maliciously overdraws, he will file a case for prosecution and pursue criminal responsibility, and may go to jail; If life is really difficult, it is temporarily unable to repay, and it is not a malicious overdraft, you can not pursue criminal responsibility, but only bear the corresponding civil repayment responsibility.
If the debtor fails to pay it back within the time limit, the creditor may bring a lawsuit to the court according to law, and may apply to the court for enforcement after winning the case.
legal ground
Article 6 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management
If 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 effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
Article 8
Malicious overdraft, the amount of which is more than 50,000 yuan but less than 500,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
Article 177th of the Criminal Law of People's Republic of China (PRC)
The crime of obstructing credit card management is under any of the following circumstances, and if it hinders credit card management, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:
(1) Holding and transporting a counterfeit credit card knowingly, or holding and transporting a blank credit card knowingly, in a relatively large number;
(2) Illegally holding other people's credit cards, with a relatively large number;
(3) using false identification to defraud credit cards;
(4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means;
Crime of stealing, buying or illegally providing credit card information Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph;
Any employee of a bank or other financial institution who commits the crime mentioned in the second paragraph by taking advantage of his position shall be given a heavier punishment.