If the credit card is overdue for more than 3 months, it will be considered as malicious overdraft. If the cardholder needs to bear criminal responsibility after being sued by the bank, he will face jail.

Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management stipulates:

For the purpose of illegal possession, if the cardholder fails to return the money beyond the prescribed limit or within the prescribed time limit, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

If the amount of malicious overdraft is more than 10,000 yuan but less than 100,000 yuan, it shall be deemed that the amount stipulated in Article 196 of the Criminal Law is relatively large; If it is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a huge amount according to the provisions of Article 196 of the Criminal Law; If the amount exceeds 6,543,800 yuan, it shall be deemed as "extremely huge" according to the provisions of Article 196 of the Criminal Law.

Credit card malicious overdraft type:

1, frequent overdraft. Cardholders frequently withdraw cash at very dense credit card outlets, accumulating and occupying a large amount of bank cash in a short time.

2. Multiple cards are overdrawn. The cardholder applied to a number of banks and opened a number of accounts, but the cardholder still overdrawn many times, resulting in a number of debts, resulting in inability to repay.

3. Overdraft in different places. The cardholder's use of domestic communication equipment is underdeveloped, and it is difficult to summarize the information of cash withdrawal in different places in time, and it is difficult to serve the "Emergency Stop Payment Notice" in time, resulting in national crimes and arbitrary overdraft.

4. Collusion in overdraft. It is a cross and chain guarantee between cardholders, who apply for credit card overdraft in different banks. Second, cardholders collude with special merchants to obtain bank funds through false consumption. Third, the cardholder colluded with the staff inside and outside the bank to use credit card overdraft.