If a credit card is unable to repay its overdraft, it will be subject to criminal liability after a court decision, and its credit card will still be repaid, and the repayment amount and interest will be implemented in accordance with the provisions of the contract. Its arrears and interest will not be demanded from its relatives, but will be executed on the assets of the debtor. Usually, after being sued for credit card arrears, you should negotiate with the issuing bank to repay the loan in installments in time.

according to article 196 of the criminal law of the people's Republic of China, whoever commits credit card fraud in any of the following circumstances, if 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 not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

Extended information:

Measures for the Supervision and Administration of Credit Card Business of Commercial Banks Article 7 Under special circumstances, if it is confirmed that the credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the issuing bank can negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years. The contents of the personalized installment repayment agreement shall at least include:

(1) the balance, structure and currency of arrears;

(2) repayment period, method, currency, date and repayment amount in each installment;

(3) whether the annual fee, interest and other expenses are collected during the repayment period;

(4) the cardholder shall not apply for a credit card commitment from any bank before all the relevant funds in the personalized installment repayment agreement have been settled;

(5) rights and obligations of both parties and liabilities for breach of contract;

(6) Other matters related to repayment.

if both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing service institution shall stop the collection of the cardholder, unless the cardholder fails to perform the installment repayment agreement. If an oral repayment agreement is reached, the issuing bank must keep the recorded data. Recording materials shall be kept at least until the date of settlement of arrears.

China Supreme People's Procuratorate-People's Republic of China and China's Criminal Law