There is generally no prison sentence.

Failure to repay a credit card debt is a debt dispute, not a criminal case, so generally there will be no sentencing. However, if there is credit card fraud, you may be sentenced. If a loan is overdue for one or two months, the bank will not sue immediately. It will usually call the borrower first to urge the borrower to repay. If the loan still fails, a dedicated person from the bank will come forward to communicate with the borrower. If the communication is invalid, if the borrower has provided collateral as collateral for the loan and cannot repay the loan after repeated calls, the collateral will be auctioned and used to repay the loan.

Whoever commits credit card fraud under one of the following circumstances 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 not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other If the circumstances are serious, 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; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation:

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

2. Using an expired 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.

Those who steal credit cards and use them will be convicted and punished in accordance with regulations.

What should I do if my credit card cannot be paid?

There are several ways to deal with it:

1. Minimum repayment amount: Nowadays, banks generally have a minimum repayment amount. , as long as the minimum repayment amount is paid before the final repayment date, it will not have any impact on the individual, but an interest of 0.05% will be charged every day;

2. Installment repayment: can be made at the end of the payment period Apply for installment repayment before the repayment date, and make installments according to your repayment ability. The installment handling fee increases with the number of installments;

3. Change the bill date: extend the repayment by changing the bill date date, but the statement date cannot be changed at any time, and each bank has different limits on the number of changes to the statement date. Some banks have 2 changes per year, some once a year;

4. Negotiate with the bank: explain the situation to the bank Negotiate and prove that you did not intentionally fail to repay the loan after the due date, and that there are reasonable reasons for the temporary inability to repay.

To sum up, when you find that you cannot pay off your credit card, you can promptly apply for minimum repayment or installment repayment, or you can contact the bank promptly to agree on how to repay. The consequences of overdue credit cards are very serious. Once it is determined to be a malicious overdraft behavior, it is very likely to be sentenced, but under normal circumstances, overdue credit cards will not be sentenced.

Legal Basis

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

The crime of refusing to execute a judgment or ruling against the People's Court If a person has the ability to execute a judgment or ruling but refuses to execute it, if the circumstances are serious, he 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 and 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.