1. If the credit card is overdue for more than three months, the bank has the right to sue the overdue credit card users, and the specific penalties are as follows:

(1) If the amount owed reaches more than 1 10,000, and the card issuing bank fails to return it twice in more than 3 months, it shall be deemed as "malicious overdraft" in criminal law and punished according to the amount owed;

(2) If the amount of malicious overdraft is small, and all overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

2. Legal basis: Article 196th of the Criminal Law of People's Republic of China (PRC).

Under any of the following circumstances, it constitutes the crime of credit card fraud, and if the amount 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 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he 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 confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

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

(4) malicious overdraft.

The term "malicious overdraft" as 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.

2. What are the consequences of credit card overdraft?

Credit card overdraft has the following consequences:

1, facing high interest and late fees. Cardholders who do not pay back will no longer enjoy the interest-free period of their credit cards, and will charge 0.5% interest every day from the date of consumption, with compound interest calculated monthly. The longer the time, the higher the interest. If the credit card fails to repay in time after the interest-free period, the bank will charge the cardholder a late fee, accounting for 5% of the unpaid part of the minimum repayment amount. After a certain period, the bank will charge the cardholder a higher penalty interest;

2. There is personal credit stain. It is difficult for a party with a bad credit record to apply for a credit card. The loan amount of mortgage is less than that of people without stains, but the interest rate needs to be higher. If the overdue period is serious, the bank will refuse the loan;

3. The credit card faces card suspension. If the credit card is not repaid, the bank will withdraw the revolving credit given to the cardholder and the credit card will be deactivated. For those who owe money for many times or for a long time, the bank will think that the cardholder's repayment risk is high, so as to stop using the credit card and recover the arrears from the cardholder. If the bank still fails to repay the credit card arrears, the bank may apply for auction of other fixed assets of the cardholder;

4. Malicious arrears are suspected of committing a crime and will face criminal punishment. Credit card arrears for more than three months, the amount of more than 10 thousand yuan, as a malicious overdraft. If it is suspected of credit card fraud, the bank can initiate judicial proceedings, and the maximum sentence is 10 years imprisonment or life imprisonment.

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