if the credit card 5 is overdue for three months, the bank will freeze the card and list the cardholder as a prohibited customer. At the same time, it will also sue the cardholder for credit card fraud and malicious overdraft, which will be enforced by the court. If the cardholder refuses to repay the loan after prosecution and the amount owed exceeds 1,, the cardholder will face both criminal and fine penalties. Criminal responsibility should be investigated for malicious overdraft. However, if all the overdraft interest has been repaid before the judgment of the people's court is announced after the public security organ files the case, it can be given a lighter punishment, and if the circumstances are minor, it can be exempted from punishment. In addition, if the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law, and the credit card parties should repay in time before the repayment date.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China
Credit card fraud is committed under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Theft Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.