How much credit card debt will lead to jail time

Credit card debt exceeding 50,000 yuan will lead to jail time. Usually, failure to return the money for more than 3 months after two calls from the bank can be regarded as a credit card crime, and the suspect must bear criminal liability and accompanying civil repayment liability in accordance with the law. The sentencing for credit card crimes is generally less than 5 years.

What are the constituent elements of the credit card crime?

The constituent elements of the credit card crime are as follows:

1. The object of the infringement is the credit card management system and the ownership of public and private property;< /p>

2. The objective aspect is that the perpetrator fabricates facts or conceals the truth, and uses credit cards to defraud public and private property;

3. The subject is a general subject, and natural persons can become criminal subjects. ;

4. The subjective aspect is intentional.

Legal basis: Article 100 of Renting and Selling 96

Credit card fraud is committed under any of the following circumstances. If the amount is relatively large, credit card fraud will be punished by a fine 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, the sentence shall be not less than five years but not more than 10 years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is special If the amount is huge or there are other particularly serious circumstances, he or she shall be sentenced to not less than ten years or more, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

(1) Using a forged credit card, or using a false credit card (2) Using an expired credit card; (3) Pretending to use another person’s credit card;

(4) ) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Anyone who commits a crime and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

How much will you go to jail for credit card debt?

Nowadays, most people have one or several credit cards. Some people are suitable for using credit cards only to enjoy credit card swiping purchases. In order to consider whether they have the ability to repay the loan, some people will incur credit card debt by blindly using credit cards. So how much credit card debt will cause the cardholder to go to jail?

Credit cards are credit products. Users who use credit cards for consumption need to repay their debts in accordance with regulations. If they do not repay for a long time, it is a malicious overdraft. According to relevant laws and regulations, if the credit card holder If a person maliciously overdrafts a bank loan and has owed it for more than 3 months, and has not repaid the money after more than two reminders from the bank, then the case can be filed with the public security organ, and the people will make a judgment and declare the amount that the cardholder needs to repay. Once the judgment is reached, the cardholder will have to pay back the money. If the cardholder's debt amount is between 10,000 yuan and 100,000 yuan, then the cardholder has committed a criminal act and will be held criminally responsible according to law. If the malicious overdraft amount is more than 80,000 yuan, the credit card holder may be imprisoned, and may be sentenced to less than five years, and the cardholder will also be fined, with the fine amount ranging from 20,000 yuan to 200,000 yuan. between. Even if the credit card holder goes to jail, the money he owes still needs to be returned.

What are the consequences of overdue credit cards?

1. Penalty interest. Credit cards have an interest-free period, but only if the user repays the balance according to the specified date can he enjoy the interest-free treatment. If it is overdue, not only will he have to pay interest, but he will also be penalized by the bank. The penalty interest fee is a recurring interest fee. and late fees. The longer it is overdue, the more interest you need to pay;

2. Leave a bad credit record. Bank products are subject to credit reporting. If a credit card holder is overdue, the bank will upload the overdue record to the central bank's credit reporting system, which will leave a stain on the cardholder's personal credit. Even if you apply for a loan, even your job search may be affected.

3. Facing a lawsuit. For credit card users who are overdue for a long time and have a large amount of debt, if the bank does not receive repayment from the user during the collection meeting, the bank may take the cardholder to court. After the court pronounces a judgment, the bank will force the cardholder to hold the card. Users make repayments.

How many people across the country have been sentenced for owing money on their credit cards

This number is difficult to calculate.

(1) Regarding criminal liability:

A. If no bank reports the case to the public security organ, and the public security and other judicial organs do not find out that your case has not been filed, you will be criminally liable. The statute of limitations for prosecution is ten years. After ten years, you generally cannot be held criminally responsible again, unless specifically approved by the Supreme People's Procuratorate.

B. As long as a bank reports the case and the public security and judicial organs have opened a case for investigation on your matter: there is no statute of limitations for prosecution. No matter when you are found to have returned to the country, you can be held criminally responsible. .

C. Banks have hired lawyers, and some have set up specialized agencies to recover debts. It is unlikely that such a large amount will not be reported.

D. However, if you can return it in time before the public security organ files a case for investigation and judgment, the penalty may be reduced; if you can repay it in full before the public security organ files a case, you may not be punished.

(2) Regarding civil liability: The statute of limitations for the bank to require you to repay the loan is 2 years, starting from the time when the overdraft expires and the bank collects it and you fail to repay it. However, the so-called statute of limitations in civil matters, However, if the statute of limitations exceeds two years, if you do not repay the bank, you may be dismissed. However, you will only lose the right to win the lawsuit, but not the substantive rights. The bank still has the right to demand repayment from you.

(3) Regarding the question of whether you will go to jail if you do not repay the money after returning to the country after five years:

A. If the bank reports the case: you will be held criminally responsible no matter when you return to the country, even if Even if you pay back the money, you may still be sentenced and go to jail. However, if you pay it all off after the judgment, the penalty can be reduced. In addition to paying back the money and being sentenced, fines can also be imposed.

B. Assume that the bank did not report the case and the public security organs did not file the case: after ten years, your criminal responsibility will be cleared. If it does not happen in five years, you may still be arrested and sentenced to jail.

2. "Does the legal statute of limitations apply to my situation? It means that I cannot continue to ask for money after a few years of owing money. The law does not support it":

(1) Applicable to Chinese citizens Chinese law, the statute of limitations prescribed by law also applies to your situation. Whether it is a criminal statute of limitations or a civil statute of limitations.

(2) If you owe money for a few years, you can no longer ask for money. It falls under the civil statute of limitations. The statute of limitations is two years and the longest is 20 years. But your understanding is wrong: if the statute of limitations exceeds two years, it does not mean that the bank cannot continue to ask for money. The bank always has the right to continue to ask for money from you. If you do not pay back the money within the statute of limitations, you will definitely lose if the bank comes to you. ; After the statute of limitations expires, the bank will no longer protect you.

Also, if there is evidence within the past two years that the bank has been pressing you (such as sending you a lawyer's letter, etc.) or the bank has sent you a request, the statute of limitations will be interrupted and recalculated. In this regard, banks will have ways to ensure that the statute of limitations is interrupted and recalculated without exceeding it.

This ends the introduction about how many people go to jail for credit cards and how terrible it is to go to jail for credit cards. I wonder if you found the information you need?