Will you go to jail if you owe money on a credit card?

Whether you will go to jail if you don’t pay back the money you owe on a credit card depends on the situation.

1. If the perpetrator overdrafts maliciously, and the amount is relatively large, it may constitute a credit card crime and be imprisoned;

2. But if it is not malicious subjectively, it is just an ordinary overdraft. Loans are civil and you will not go to jail.

Credit card crime refers to the act of illegally possessing, violating credit card management regulations, using credit cards to carry out activities, and defrauding large amounts of property.

Legal Basis

Article 196 of the "Criminal Law", whoever engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to 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 shall be imposed; if the amount is huge or there are other serious circumstances, the fine shall be not less than five 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 If the circumstances are serious, he or she shall be sentenced to not less than 10 years in prison or fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

(1) Using a forged credit card, or using a false identity card to fraudulently obtain the credit card. Credit card;

(2) Using an expired 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.

Anyone who uses credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

How much will you go to jail for credit card debt?

Nowadays, most people have one or several credit cards. Some people are suitable for using credit cards only to enjoy credit card swiping purchases. In order to consider whether they have the ability to repay the loan, some people will incur credit card debt by blindly using credit cards. So how much credit card debt will cause the cardholder to go to jail?

Credit cards are credit products. Users who use credit cards for consumption need to repay their debts in accordance with regulations. If they do not repay for a long time, it is a malicious overdraft behavior. According to relevant laws and regulations, if the credit card holder If a person maliciously overdrafts and owes money to a bank for more than 3 months, and has not repaid the money after more than 2 reminders from the bank, then the case can be filed with the public security organ, and the people will make a judgment and declare the amount that the cardholder needs to repay. Once the judgment is reached, the cardholder will have to pay back the money. If the cardholder's debt amount is between 10,000 yuan and 100,000 yuan, then the cardholder has committed a criminal act and will be held criminally responsible according to law. If the malicious overdraft amount is more than 80,000 yuan, the credit card holder may be jailed, and may be sentenced to less than five years, and the cardholder will also be fined, with the fine amount ranging from 20,000 yuan to 200,000 yuan. between. Even if the credit card holder goes to jail, the money he owes still needs to be returned.

What are the consequences of overdue credit cards?

1. Penalty interest. Credit cards have an interest-free period, but only if the user repays the balance according to the specified date can he enjoy the interest-free treatment. If it is overdue, not only will he have to pay interest, but he will also be fined by the bank. The penalty interest fee is a recurring interest fee. and late fees. The longer it is overdue, the more interest you need to pay;

2. Leave a bad credit record. Bank products are all subject to credit reporting. If a credit card holder is overdue, the bank will upload the overdue record to the central bank's credit reporting system, which will leave a stain on the cardholder's personal credit. No matter whether he applies for a credit card in the future Even if you apply for a loan, even your job search may be affected.

3. Facing a lawsuit. For credit card users who are overdue for a long time and have a large amount of debt, if the bank does not receive repayment from the user during the collection meeting, the bank may take the cardholder to court. After the court pronounces a judgment, the bank will force the cardholder to hold the card. Users make repayments.

Will you go to jail if you owe money on a credit card?

Under normal circumstances, you will not go to jail if you owe a bank credit card. However, if the bank refuses to fulfill the judgment even though it has the ability to perform the judgment after the judgment takes effect, it will be suspected of constituting the crime of refusing to execute the judgment and may lead to imprisonment.

Legal basis:

Article 313 of the Criminal Law of the People's Republic of China and the People's Republic of China: If the people are capable of executing the judgment or ruling but refuse to execute it, the circumstances are serious If the circumstances are particularly serious, he shall be sentenced to 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.

Won’t you be jailed if you owe money on a credit card?

The act of not paying back the money owed on a credit card is an overdraft. In criminal law, there are corresponding penalties for malicious overdrafts. According to the provisions on malicious overdraft behavior in the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards", its constituent elements are as follows: First, objective conditions: it must have been collected twice by the card-issuing bank, and there has been no collection for more than three months. Return the debt owed. In other words, if the cardholder does not receive relevant notices or documents and fails to return them after a certain period of time, it is not considered a "malicious overdraft". Second, the purpose of illegal possession is subjective, which is also a major boundary between "malicious overdraft" and "bona fide overdraft". The following six situations will be deemed as the perpetrator's subjective malice of "illegal possession", such as not returning a large amount of overdraft knowing that it cannot be repaid, wantonly squandering the overdraft without returning it, concealing and changing communication methods after overdraft, and evading the supervision of financial institutions. Collection, etc. Third, the "malicious overdraft" reaches a certain amount. This amount refers to the amount that has been refused to be returned and has not yet been returned, excluding late payment fees, compound interest and other fees charged by the issuing bank. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as "a relatively large amount" as stipulated in Article 196 of the Criminal Law; "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 "especially huge amount" as stipulated in Article 196 of the "Criminal Law". Fourth, according to the criminal policy of balancing leniency with severity, if the amount is between 10,000 yuan and less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Will you be imprisoned if you are unable to repay your credit card debt?

According to the law, you may be imprisoned if you are unable to repay your credit card debt. According to relevant regulations, if the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a violation of the provisions of Article 196 of the Criminal Law. "malicious overdraft". Therefore, if your credit card is insolvent and you commit malicious overdraft, you will be suspected of credit card crime.

Will you go to jail for credit card debt?

1. If you don’t pay back your credit card debt, you may go to jail, but you may not. 2. The reason for being imprisoned is because the non-repayment situation is consistent with a criminal offense. According to Article 196 of the Criminal Law: Anyone who engages in credit card activities under one of the following circumstances and the amount is relatively large shall be sentenced to 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 is For other serious circumstances, the sentence shall be not less than five 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 fine shall be not less than 5 years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than 100,000 yuan or confiscation of property may be imposed: (1) for using a counterfeit credit card; (2) for using an expired credit card; (3) for fraudulently using another person’s credit card; (4) for malicious overdraft. The so-called malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called by the card-issuing bank. Therefore, malicious credit card arrears may result in a prison sentence, but jail time cannot offset the debt. Credit card companies have no right to handle family real estate, but families have attached repayment responsibilities. Family real estate can only be handled through seizure and auction, which will involve the property of both spouses and will not involve the property of the children. Therefore, after you are released from jail for credit card debt, you will have to pay off all the credit card debt and penalty interest.

This is the end of the introduction about jail time for credit card debt and how long you will be jailed for credit card debt. I wonder if you found the information you need?