If your credit card is overdue by 100,000, you do not necessarily have to go to jail.

It depends on the situation:

1. If the credit card debt is not repaid, it is a civil dispute, and there is no need to go to jail. If the credit card debt is overdue, it is a private lending dispute or a financial dispute. , the breaching party needs to bear civil liability, and imprisonment, that is, being sentenced to fixed-term imprisonment or life imprisonment, is the way to bear criminal liability. Credit card debts that are overdue and not repaid generally do not violate the provisions of the criminal law and do not require criminal liability. Therefore, if a credit card debt is overdue, the people's court will judge the defaulting party, that is, the cardholder, to repay the debt within the specified period and pay the interest incurred, as well as the agreed repayment penalty or late payment penalty. The People's Court will not sentence credit card holders who fail to pay overdue payments to jail. 2. Failure to repay a credit card debt is considered a malicious overdraft, which is a criminal act and may result in imprisonment. If a credit card debt is deemed a "malicious overdraft", it constitutes a crime of credit card fraud and requires corresponding criminal liability. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank.

1. Determination of malicious overdraft

(1) The cardholder needs to have the purpose of illegal possession. Whether the purpose is illegal possession should be based on the cardholder’s credit record, repayment, etc. Ability and willingness, the status of applying for and overdrafting credit cards, the use of overdraft funds, performance after overdraft, reasons for failure to repay as required, etc. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required.

(2) "Large amount" exceeding the prescribed limit: the amount is more than 50,000 yuan but less than 500,000 yuan; "Huge amount": the amount is more than 500,000 yuan but less than 5 million yuan ; "Especially huge amount": the amount exceeds 5 million yuan.

(3) If the overdraft is not returned after being called by the card issuer, it will be carried out after the overdraft exceeds the prescribed limit or the prescribed period; collection should be done in a way that can confirm the cardholder’s receipt, except where the cardholder deliberately avoids collection. ; The interval between two collections must be at least thirty days; and the relevant regulations or agreements on collections must be complied with.

2. Sentencing for the crime of credit card fraud

(1) Anyone who commits credit card fraud within the sentencing scope 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 20,000 yuan A fine of not less than RMB 50,000 but not more than RMB 200,000; 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 a fine of not less than RMB 50,000 but not more than RMB 500,000; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or shall have property confiscated.

(2) Sentencing starting point If the amount reaches a relatively large starting point, the sentencing starting point can be determined within the range of fixed-term imprisonment of less than two years or criminal detention. If the amount reaches the starting point of huge amount or there are other serious circumstances, the sentencing starting point can be determined within the range of five to six years of fixed-term imprisonment. If the amount reaches the starting point of a particularly huge amount or there are other particularly serious circumstances, the sentencing starting point can be determined within the range of ten to twelve years of fixed-term imprisonment. Except for those who should be sentenced to life imprisonment according to law.

(3) If the amount of malicious overdraft is relatively large and the amount is fully returned before the prosecution is initiated or there are other minor circumstances, prosecution may be waived; if the amount is fully returned before the first instance judgment or there are other minor circumstances, the prosecution may be waived. subject to criminal penalties. However, those who have been punished more than twice for credit card fraud are excluded.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Using it fraudulently Others’ 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.

"People's Republic of China and Civil Code"

Article 577 If a party fails to perform its contractual obligations or the performance of its contractual obligations does not comply with the agreement, it shall be liable for continued performance, Liability for breach of contract such as taking remedial measures or compensating for losses.

Article 677 If the borrower returns the loan in advance, interest shall be calculated based on the actual borrowing period, unless otherwise agreed by the parties.