Generally speaking, failure to repay a credit card on time rarely constitutes a criminal case. Even if the bank reports the case and arrests the person, the police will not pay attention to them, because credit card debt disputes are basically civil cases. The police will only file an economic dispute if it turns into a criminal case, so calling the police to arrest someone is almost the last step in the bank's collection work.

Let me analyze the troubles you may face after your credit card expires.

After a credit card is overdue, the first thing you will face is bank collection

Anyone who uses a credit card has formed a credit card use contract relationship with the bank. Both parties are equal civil subjects. When the cardholder exceeds the due date, it is a violation of the contract between the two parties and constitutes a breach of contract.

In this case, the bank has the right to require the cardholder to repay in time. Therefore, after the credit card is overdue, the first thing you will face is the collection from the bank’s customer service, which may be a text message reminder or a phone call.

If there is still no repayment after normal communication, then the bank will ask the collection department to collect the debt, which may be by sending a lawyer's letter or by filing a lawsuit in court to request a judgment.

No matter what the method is, the way to solve the problem at this stage is to use civil remedies to collect debts. Of course, it is not ruled out that some banks will outsource debts, and external collection companies may use violent collection methods. In this case, the cardholder can directly call the police instead of the bank.

Banks will basically mention criminal liability in their normal collection methods

During the collection process, banks usually require cardholders to collect money in a timely manner, whether they send text messages or lawyer letters. If the payment is still not made, what kind of responsibilities will the cardholder face? Many will also write down how many years of imprisonment they may be sentenced to.

In fact, this is a kind of warning and supervision in advance, and what they write is not necessarily accurate. Many of them are reminders, and some are even general warnings, with the purpose of urging cardholders to repay as soon as possible. , but cardholders must not take everything the bank says to heart.

Because the criminal liability they mentioned is not necessarily accurate, and the behavior of the cardholder does not necessarily constitute a crime. The specific situation requires specific analysis to get an accurate answer

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Under what circumstances might one face criminal liability?

One of the crimes of credit card fraud is caused by malicious overdrafts on credit cards. If a person who uses a credit card overdrafts a huge amount and still fails to repay the debt after repeated collections, it shall be considered as a crime of credit card fraud. standard, then the bank can call the police and arrest the person.

Generally speaking, if the required overdraft amount is greater than 50,000, the bank has made more than two collections within three months, and the cardholder still fails to repay on time, it may constitute a malicious credit card overdraft.

The so-called malicious overdraft refers to the behavior of the cardholder who exceeds the prescribed limit or fails to return the overdraft within the prescribed period for the purpose of illegal possession (refuse to cooperate after more than two collections).

Must go through two collections from the card-issuing bank and fail to repay the outstanding balance for more than three months. There are situations such as overdrafting a large amount of money knowing that it cannot be repaid, squandering the overdraft without paying it back, and hiding the overdraft later, etc.

In short, this is a matter of comprehensive consideration. There is no such thing as a bank saying that you will pay back the money quickly, and if you don’t pay back, I will call the police to arrest you. If there is even one detail, the police will not pay attention to them.

Legal Basis

Article 51 of the "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" has passed the credit card application contract (agreement), written agreement, electronic banking records or customer service Under the premise of making an agreement on telephone recording, etc., the card-issuing bank can reduce the credit limit of a credit card that has not had a transaction for more than 6 months, but it must clearly inform the cardholder 3 working days in advance according to the agreed method. Article 52 The card-issuing bank shall establish a credit card business risk management system.

The card-issuing bank learns from the public security organs, judicial organs, the cardholder himself, relatives, transaction monitoring or other channels that the cardholder's identity document has been stolen, his family's financial situation has deteriorated, his repayment ability has declined, his reserved contact information has expired, and his credit status has deteriorated. , when there is risk information such as abnormal card usage behavior, you should immediately stop operations that may increase credit risks, such as increasing the credit limit, authorizing card services beyond the credit limit, authorizing installment business, etc., and take measures to increase transaction monitoring and reduce the credit limit as appropriate. , stop payment, freeze or implement risk management measures such as second source of repayment.