An overdue credit card is not considered a criminal record. Overdue credit cards generally do not constitute a crime, but if they involve malicious overdraft or fraud, they will. The amount of malicious overdraft stipulated by law refers to the actual overdraft principal amount that has not been repaid when the public security organ files a criminal case, excluding interest, compound interest, late payment fees, handling fees and other fees charged by the card-issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal.

If the amount of malicious overdraft is relatively large and the amount is fully returned before the prosecution is initiated or there are other minor circumstances, prosecution is not required; if the amount is fully returned before the first instance judgment or there are other minor circumstances, criminal punishment may be waived. . However, those who have been punished more than twice for credit card fraud are excluded.

Collection can be considered effective only if the following conditions apply:

1. After the overdraft exceeds the prescribed limit or the prescribed period.

2. Collection should be done in a way that can confirm the cardholder’s receipt, except where the cardholder intentionally avoids collection.

3. There should be at least thirty days between two collections.

4. Comply with relevant regulations or agreements on collection.

Legal basis:

"Criminal Law"

Article 196

Carry out credit card fraud under any of the following circumstances If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

( 3) Fraudulent use of other people’s credit cards;

(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.