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Will I be sentenced if I am sued for credit card debt?

Legal analysis: Credit card prosecution does not necessarily lead to jail time. If you are sued for overdue credit card repayment, you will not go to jail if you can repay the debt in time or implement the effective judgment of the People's Court. Only when it constitutes credit card fraud does one need to bear criminal responsibility. Under normal circumstances, this kind of financial dispute is a civil dispute and requires civil liability. If civil responsibilities are not fulfilled, or a criminal offense is constituted, the debtor may face jail time if he maliciously overdrafts his credit card and is suspected of credit card fraud. The purpose of banks is not to make debtors go to jail.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever commits credit card fraud in any 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 a fine of 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 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 serious circumstances. For other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

(1) Using a counterfeit credit card, or using a (2) Using an invalid credit card (3) Pretending to use another person's credit card (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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.