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Amount standards for overdue cases

The standard for overdue filing amount is as follows:

1. For overdue credit cards, the filing standard is: when the amount of debt reaches more than 10,000 yuan, and it has been effectively collected by the card-issuing bank twice After that, if it is still not returned within three months, it will be regarded as a "malicious overdraft" and may be involved in credit card fraud. However, if the overdraft has been repaid in full before the public security organ files the case, and the circumstances are obviously minor, then criminal liability may not be pursued1.

2. The state divides credit card overdue situations into two types: criminal cases and civil cases. The filing standards for criminal cases are relatively high. Only when the credit card holder has not returned the payment for more than three months and the amount is more than 50,000 yuan, and the bank has made two effective collections but the card holder still refuses to repay, the case will be filed. The fine provisions for overdue cases refer to cases that fail to be filed in time within the time limit specified by law. According to relevant laws, regulations and judicial interpretations, fines will be imposed on cases filed overdue.

The amount of the fine is usually determined by taking into account factors such as the length of the overdue period and the nature and severity of the case. The fine provisions for overdue cases are intended to encourage judicial organs and relevant parties to comply with legal procedures, ensure that cases can be heard in a timely manner, and maintain judicial fairness and efficiency. According to the development of judicial practice and the judicial system, fine provisions for overdue cases may also be adjusted and improved according to specific circumstances to better adapt to social needs and the requirements of judicial practice.

In summary: Overdue credit card debt of more than 10,000 yuan, which has not been paid back after more than 3 months of collection, constitutes a malicious overdraft under the criminal law and is suspected of credit card fraud. For minor cases where the amount of malicious overdraft is relatively large and all the overdraft has been repaid, criminal liability may not be pursued. If you don’t use your credit card, you don’t need to repay it, but you still need to pay attention to the annual fee and SMS notification fee. For issues such as overdue debt and debt, you should promptly consult professionals to find solutions.

Legal basis:

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

Article 196

Credit Card Fraud Whoever commits one of the following circumstances and commits credit card fraud if 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 not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to not more than five years in prison or criminal detention; to a fixed-term imprisonment of not less than 10 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, the sentence is to not less than 10 years of fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of less than 10,000 yuan or confiscation of property:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an invalid 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.