If the debt exceeds 10,000, the bank will sue you. The format of the subpoena can be found on Baidu.
1. If it is only temporarily repaid and can be repaid later, it will only accrue interest and late fees.
2. However, if the principal is overdrafted by more than RMB 10,000 and the bank still fails to repay the loan after collection, you may be subject to criminal sanctions. The legal basis is as follows:
According to the "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" (Fa Interpretation [2009] No. 19):
Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a violation of Article 196 of the Criminal Law. "malicious overdraft". 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, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late payment fees, handling fees and other fees charged by the issuing bank
2. Article 196 of the "Criminal Law" Under any of the following circumstances, those who engage in credit card fraud activities and the amount is relatively large shall be sentenced to five years in prison 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 50,000 yuan but not more than 500,000 yuan. ; If the amount is particularly huge or there are other particularly 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 his property shall be confiscated:
(1) Using counterfeit goods 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;
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(4) Malicious overdraft.