If a credit card is overdue for 4 months, you will be sued. The bank has the right to initiate civil lawsuits and require repayment of the outstanding balance. However, if the overdraft is malicious and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

1. If your credit card is overdue for 4 months, you will be prosecuted. If your credit card is overdue for 4 months, you will bear the following legal consequences:

You will need to pay a penalty for overdue credit cards. When the cardholder fails to show up, When the repayment is made before the scheduled repayment date (inclusive) or the repayment amount is less than the minimum repayment amount, the fee payable to the card-issuing bank is required according to regulations.

After a user uses a credit card to overdraft, there is generally an interest-free repayment period ranging from more than 20 days to more than 50 days. If the cardholder's repayment is overdue, all the cardholder's expenses for the previous month will be forfeited. You will no longer enjoy the bank's interest-free treatment, and your credit card overdue repayment records will enter the central bank's credit reporting system to generate a bad credit record.

If the credit card is not repaid for more than 3 months, the bank will ask a lawyer to issue a lawyer's letter to the user and file a lawsuit in court. The litigation costs will be borne by the cardholder.

2. Can the court hear the case in public if the credit card is overdue for 4 months?

Yes, except for the following civil cases, other civil cases can be heard in public:

1. Cases related to state secrets.

2. Cases related to personal privacy.

3. If the party’s application is indeed a case involving trade secrets, the court may decide not to hear it in public.

A credit card that has expired may cause stains on your credit record. You must not ignore it or treat it negatively. You must actively take correct measures to save it.

3. The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impeding the Management of Credit Cards", calling the bank's two collections of debts not repaid in March a malicious overdraft.

1. In the judicial interpretation, two restrictions were added to "malicious overdraft": first, two collections from the issuing bank; second, failure to return the card for more than three months.

2. Because the credit card fraud crime of "malicious overdraft" is an intentional crime, it has the subjective purpose of illegal possession, which is a very important component of the behavior.

3. This judicial interpretation clarified the amount of "malicious overdraft". The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late fees, compound interest and other fees charged by the issuing bank. .

4. According to the criminal policy of balancing leniency with severity, those who repay the overdraft interest before the court has made a judgment or the public security organ has not filed a case will be treated lightly or not be held criminally responsible. In this way, those " The fraudulent behavior of "malicious overdraft" also plays the warning and educational role of the law, minimizing the criminal attack area as much as possible.

Legal basis:

According to Article 196 of the "Criminal Law of the People's Republic of China", "malicious overdraft" is a criminal act of credit card fraud.

1. Criminal Law Article 266 Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; 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 ten years or life imprisonment, and shall also be fined or his property shall be confiscated.

2. Article 196 of the Criminal Law stipulates: A malicious overdraft with an amount of more than 10,000 yuan but less than 100,000 yuan shall be deemed to be a "relative amount" as stipulated in Article 196 of the Criminal Law. If the amount is more than 100,000 yuan and less than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; The “amount is particularly huge” as stipulated in Article 6.