Legal analysis: A simple overdue credit card will not constitute a crime. The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to pay after two collections for more than 3 months. Late returns constitute credit card fraud.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever engages in credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 20,000 yuan. A fine of not less than 50,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances If any, the offender 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 his property confiscated.