For overdue credit card payments owed to banks, banks will generally collect them themselves first. If not, it will entrust a lawyer to contact you and go through legal procedures. In criminal matters, the bank will report the case to the local public security organ, which will handle it according to the procedures. Whether it constitutes the crime of credit card fraud depends on the investigation of public security organs, the prosecution of procuratorial organs and the judgment of the court, based on facts and referring to relevant laws.
It constitutes the crime of credit card fraud. According to your situation, you need to know whether there is malicious overdraft. Please refer to the following penalties and judicial interpretations:
Article 196 of the Criminal Law commits credit card fraud under any of the following circumstances, and if the amount is relatively large, 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 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 shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially 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 confiscated property:
(1) Using a forged credit card;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.