If it is verified that the default is malicious and the default is credit card fraud for more than three months, criminal responsibility will be imposed and you will be jailed; but if it is verified that it is not malicious default, you will not be criminally responsible and will only cause Credit problem. According to Article 6 of the "Interpretations on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards", a cardholder who, for the purpose of illegal possession, exceeds the prescribed limit or overdrafts within the prescribed period shall still fail to pay for it more than three months after two effective collections by the card-issuing bank. If it is returned, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Whether the purpose of illegal possession is for illegal possession shall be determined based on the cardholder's credit record, repayment ability and willingness, status of applying for and overdrafting the credit card, purpose of overdraft funds, performance after overdraft, reasons for failure to repay as required, etc. judge. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required.

Legal Basis

Article 196 of the "Criminal Law"

Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to a fixed term of not more than five years Imprisonment 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, the sentence is not less than five years but not more than 10 years of fixed-term imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Those who are particularly serious or have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have their property confiscated: (1) Using a forged credit card, or using a false identity Proof that the credit card was obtained fraudulently; (2) using an expired credit card; (3) fraudulently using 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 steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.