1. How long will it take for an overdue credit card to be prosecuted and imprisoned

1. If the credit card is overdue for more than three months, the bank has the right to sue overdue credit card users. The specific penalties are as follows:

(1) If the amount owed reaches more than RMB 10,000 and is still not returned for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed as a "malicious overdraft" under the criminal law and suspected of credit card fraud. The amount of the overdraft shall be punished;

(2) The amount of malicious overdraft is relatively small, and all the overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

2. Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities, If the amount is relatively large, the sentence is to be not less than five years in prison 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) Pretending to use 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.

2. What are the consequences of paying off your credit card overdraft?

Failure to pay off your credit card overdraft will have the following consequences:

1. Facing high interest rates and late payment fees. Cardholders who do not repay their credit card will no longer enjoy the credit card interest-free period. Interest will be charged at 0.05% per day starting from the day of consumption. Compound interest will be calculated on a monthly basis. The longer the period, the higher the interest. If the credit card is not repaid in time after the interest-free period of the credit card, the bank will charge the credit card holder a late payment fee, which is 5% of the unpaid portion of the minimum repayment amount. After a certain period of time, the bank will charge the card holder a higher penalty interest;

2. There is a personal credit stain. It will be difficult for parties with tainted credit records to apply for credit cards. The mortgage loan amount is smaller than that of a person without taint, but the interest rate needs to be higher. If the overdue period is serious, the bank will refuse the loan;

3. Credit card faces Stop card. If the credit card is not repaid, the bank will take back the revolving credit granted to the cardholder and the credit card will be suspended. For repeated repayment arrears or long-term arrears of large amounts, the bank will consider the cardholder to have a higher risk of repayment, and will stop using the credit card and recover the arrears from the cardholder. This will cause the bank to encounter problems. If the credit card debt is still not repaid after collecting the credit card debt, the bank may apply to auction the cardholder's other fixed assets;

4. If malicious debt is suspected of being a crime, you will face criminal penalties. If the credit card debt is more than three months old and the amount exceeds 10,000 yuan, it will be regarded as a malicious overdraft and suspected of credit card fraud. The bank can initiate judicial proceedings, with a maximum sentence of more than ten years in prison or life imprisonment.

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