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Will you be prosecuted and jailed if you don’t use credit cards?

Being sued by a bank for non-repayment of a credit card may not lead to imprisonment. It needs to be judged based on the actual case situation. There are mainly three situations:

1. Under normal circumstances, the credit card is overdue and the payment is not due. , it is just a civil dispute, and you will not go to jail, but the bank will apply to the court for enforcement after winning the case;

2. If you have the ability but refuse to execute, you will be jailed if you are suspected of refusing to execute the judgment or ruling. A person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined;

3. Malicious credit card overdraft, refusal to repay after prosecution and If the amount of debt exceeds RMB 50,000, the person has the purpose of illegal possession and is suspected of credit card fraud, and will be imprisoned:

(1) If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined RMB 20,000. A fine of not less than 200,000 yuan but not more than 200,000 yuan; (2) If the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;

(3) If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated.

How to deal with overdue credit cards:

1. Take the initiative to explain the situation to the bank for negotiation.

If you are unable to repay for a period of time due to special circumstances such as work, you can take the initiative to call the bank and explain the reason, prove that it is not malicious and there is indeed a reason, and discuss whether the repayment can be postponed.

2. Use the installment function.

If you are under pressure to repay, you can directly apply for bill installments. Generally, banks provide 3, 6, 9, 12, 18, and 24 installments. You can choose installments according to your repayment ability. The number of installments can alleviate the repayment pressure and will not affect your credit.

3. Use the minimum repayment function.

Each bank will have a minimum repayment function. As long as the minimum repayment is paid, the bank will not charge late fees and will not affect your personal credit. However, interest will be charged for repaying the minimum, which is 50% interest per day. Therefore, as long as you repay the minimum, although the pressure will be reduced, compound interest will occur, which will be relatively troublesome, and it can only be used as a temporary delay.

4. Change the bill date to extend the repayment period.

The billing time cannot be changed casually. Generally speaking, it can be changed once every six months. Some banks change it once a year, and some banks can only change it once.

To sum up, if you are prosecuted for overdue credit cards, you may not necessarily go to jail. The specific situation depends on whether the cardholder has committed the crime of credit card fraud. The filing of lawsuits against overdue credit cards is divided into criminal filings and civil litigation filings. The filing of a civil lawsuit means that the bank goes to court to sue the cardholder. The court decides to accept the case and then files the case for trial. This case is classified as civil filing and will not lead to jail time.

Legal basis:

Article 313 of the "Criminal Law of the People's Republic of China"

Refusing to execute a judgment or ruling is a crime against the people Anyone who has the ability to execute a court's judgment or ruling but refuses to execute it, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.