if a credit card is sued for overdue, it will go to jail. Generally speaking, as long as the user's credit card is overdue for more than 3 months, the bank has effectively collected the user for at least 2 times during the overdue period, and the user still fails to repay it, which is a malicious overdraft. The bank has the right to sue the overdue cardholder. Once the lawsuit is filed, the court will make corresponding judgments according to the seriousness of the overdue user. In order to prevent the bank from suing itself, users must actively contact the bank to deal with the problem after the deadline, and do not escape. Users can apply for extension or installment repayment, etc. Generally, as long as users have repayment attitude and practical actions, banks will generally not prosecute overdue users. If the overdue amount of the credit card holder reaches 5, yuan, and the user still fails to pay back the arrears for more than 9 days after the overdue, then the bank may file a criminal lawsuit against the cardholder on the grounds of malicious overdraft. Compared with criminal filing, the standard of civil filing is much lower. If the overdue circumstances of credit cards do not meet the standard of criminal filing, civil filing can be carried out. Simply put, the bank can bring a civil lawsuit to the court only if the cardholder has overdue behavior, no matter how much the credit card is overdue. It can be seen that the consequences of overdue credit cards are more serious. However, usually, after the credit card is overdue, the bank will not immediately sue the cardholder, but will call for collection first. Only when repeated collection fails, the bank may sue the overdue user.

The consequences of overdue credit cards are

1. There will be liquidated damages, usually the minimum repayment amount, which is 5% of the unpaid part;

2. The interest is high, and it is rolling interest. The interest is very scary when there are many debts;

3. Overdue will stain the credit record, resulting in the inability to handle financial needs such as buying a house and lending in the next two years;

4. If it is overdue for more than 3 months and the amount exceeds 1,, the bank has failed to make several reminders, and it will not only pay back the money, but also bear criminal responsibility.

Legal basis

Article 196 of the Criminal Law of the People's Republic of China

Credit card fraud is committed under any of the following circumstances. If the amount of credit card fraud is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.