A person who owes 8,000 on a credit card will generally not go to jail. However, civil repayment liability will be pursued and the arrears will be repaid. The law stipulates that only those who maliciously overdraft more than 10,000 yuan will file a case and pursue criminal liability. Although criminal liability will not be pursued, overdue credit cards will affect your credit report. It is recommended that cardholders should pay back in time when overdue. The law stipulates that if a cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than three months after being called upon twice by the card-issuing bank, it is deemed to be a malicious overdraft.
Legal Basis
"Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 54 [Credit Card Fraud Cases (Criminal Law Article 196 Article)] who engages in credit card fraud and is suspected of any of the following circumstances shall be prosecuted:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card or fraudulently use other people’s credit cards to commit fraud, with the amount exceeding 5,000 yuan; (2) Malicious overdraft, with the amount exceeding 10,000 yuan.
The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .
If there is a malicious overdraft, the amount is more than 10,000 yuan but less than 100,000 yuan, and all the overdraft interest has been repaid before the public security organ files the case, and if the circumstances are obviously minor, criminal liability may not be pursued according to law.