Will you go to jail if you don’t pay off your credit card? I guess this is a bit serious, but in fact many people have been sentenced by the court for overdue credit card payments.

Let’s look at 2 actual cases first.

Case 1:

A trading boss in Pingxiang often cashes out his credit cards to repay debts. Beginning in May 2014, Huang began to fail to pay his credit card bills on time. In August of that year, the card issuer repeatedly called on Huang to pay the bills, but Huang ignored them and resorted to hiding, changing contact information and other methods to evade the bank's collection. As of May 2015, Huang owed nearly 450,000 yuan in principal to the bank. He was caught in December 2016 and was recently sentenced to 5 years and 9 months in prison and fined 100,000 yuan.

Case 2:

Three people in Dongying installed 11 POS machines under the guise of setting up a company. The three people used fictitious transactions to withdraw cash from credit card holders and received commissions from them. . Among them, Xu and Shen used their cards to cash out more than 520,000 yuan for others, and Ma used their cards to cash out nearly 160,000 yuan. Recently, the Dongying District People's Court sentenced three people to illegal business operations and were sentenced to fixed-term imprisonment and fines.

Under what circumstances can I be sentenced to jail if I don’t repay my credit card?

After reading the previous two cases, it is estimated that many friends are a little afraid of overdue credit cards.

In fact, credit card overdue is not as serious as everyone thinks, because credit card overdue is also divided into malicious overdue and non-malicious overdue. Non-malicious overdue will generally not go to jail, while malicious overdue may face jail time. Criminal Liability

Let’s first understand what is malicious overdue and non-malicious overdue.

1. Non-malicious overdue

Simply put, non-malicious overdue means that you do not intentionally overdue subjectively, but because you have financial difficulties and are temporarily unable to repay the credit card. bill.

2. Determination of malicious overdue credit card

Malicious overdue credit card, also called malicious credit card overdraft, usually refers to the cardholder exceeding the prescribed limit or overdraft within the prescribed period for the purpose of illegal possession. , and still refuse to return the card after being called upon by the issuing bank.

There are several characteristics of malicious credit card overdrafts:

(1) The overdraft limit is exceeded. Whether the overdraft limit is exceeded depends on whether the credit card account balance balance exceeds the limit;

(2) Failure to repay the principal and interest of the overdraft within the prescribed period and continuing to overdraft;

(3) Failure to obtain authorization from the card issuer before exceeding the limit or overdraft, including evading authorization, Forgery of authorization, fraudulent authorization, etc.;

(4) The overdrafter has the subjective intention to illegally occupy the funds of the issuing card.

3. There are different processing results for malicious and non-malicious overdue requests.

(1) Result of non-malicious overdue processing.

Normally, if you are not overdue maliciously, but are temporarily unable to repay, then under normal circumstances the bank will not go to the stage of legal proceedings. The core purpose of the bank is to let everyone repay the money. , instead of suing everyone to court, because it would also be time-consuming and laborious for banks to sue to court.

If you can actively contact the bank after your credit card is overdue, and pay back more or less money every month, it means that you did not overdue maliciously, then the bank will generally not sue you. When you go to court, at most you will come to collect money soon.

Of course, even if it is a non-malicious overdue, if the overdue amount is relatively large and the overdue time is relatively long, for example, the overdue amount is more than 10,000 yuan and the overdue time is more than three months, then the bank may still detain you. Sue to court.

However, for this kind of non-malicious overdue payment, even if the bank sues everyone to the court, in the end it will basically be court mediation, and the result of court mediation is usually that the bank suspends the interest rate and suspends the account.

The so-called interest suspension means that the bank stops charging interest on credit card debts, or extends the debtor's repayment period. When the debtor has money in the future, he can pay off these bills. However, the usual method is to repay in installments. , the maximum installment period is 5 years.

2) Result of malicious overdue processing.

The situation of malicious overdue payment is relatively serious, and malicious overdue payment may be judged as credit card fraud.

According to Article 196 of the Criminal Law of our country, the crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities and defraud finances for the purpose of illegal possession, in violation of credit card management regulations, and in a relatively large amount.

As for whether you will be sentenced to jail for maliciously overdue credit cards, it depends on the specific circumstances. In the past, malicious overdrafts of more than 10,000 yuan on credit cards could face jail time. However, on November 28, 2018, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Decision on Amending the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" (hereinafter referred to as the "Decision"), which revised the original There are provisions in judicial interpretations regarding the crime of malicious overdraft credit card fraud, and system modifications have been made.

After the modification, in the case of relatively large amounts, the original requirement of more than 10,000 yuan but less than 100,000 yuan has been revised to more than 50,000 yuan but less than 500,000 yuan.

According to the latest legal interpretation, if a credit card maliciously overdrafts more than 50,000 yuan, you will be sentenced. According to Article 196 of the Criminal Law, the sentencing standards for malicious credit card overdrafts are:

Whoever commits credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than RMB 50,000; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, 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 not less than 10 years in prison Fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property.

Everyone should be careful when using credit cards to cash out in the future.

In the process of using credit cards, the most likely place to run into trouble is cashing out the credit card. Cashing out on credit cards is a very sensitive word, and it is also a very contradictory word. On the surface, banks prohibit everyone from cashing out, but in reality there are many cases of cashing out.

Currently, many banks turn a blind eye to cashing out credit cards. As long as you don’t go too far, banks generally won’t do anything to you, but if you have obvious malicious overdrafts, If you do not pay back the money within the due date, you will face a lawsuit, so everyone must be more careful when cashing out in the future.