If your credit card is overdue and is appealed by the bank, you should pay off the balance in time to avoid criminal liability. If the overdraft amount reaches more than 10,000 yuan for the purpose of illegal possession, and the overdraft amount is not returned for more than 3 months after two collections by the card-issuing bank, it will be suspected of credit card fraud. If you overdraw a large amount of money knowing that you have no ability to repay, and cannot return it, it can be deemed as illegal possession. If all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

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.