Malicious overdraft means that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after being collected twice by the issuing bank for more than 3 months, which shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. The amount of malicious overdraft of credit card refers to the unpaid amount, excluding the late payment fee and compound interest charged by the issuing bank. Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. Criminal responsibility corresponding to malicious overdraft: unlimited qualitative criminal responsibility ranging from RMB 6,543.8+0,000 to RMB 6,543.8+0,000 can be imposed; If the amount is relatively large, he 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, 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 more than 50,000 yuan. Consequences of loan failure: 1. Lending banks will collect overdue loans according to law. According to the loan contract and guarantee contract (mortgage or pledge contract), the loan bank will sue the court, and the court will take measures such as property preservation, including freezing the deposits in all bank accounts of you and the loan guarantor and sealing up the pledged property. After the judgment is made, the property will be enforced according to law (deducting deposits, auctioning collateral, etc.). ) to repay the bank's loan losses. Specifically, it includes: loan principal, loan interest, overdue interest, penalty interest, and all litigation costs arising therefrom, and related expenses incurred when disposing of pledged property. Your credit will be affected. If you take the company as the borrower, your company will be recorded in the national bank credit information system, and the loan in your personal name will also be recorded in the national personal credit information system for overdue loans. If the lending bank doesn't erase your records, you may not be able to get loans from all banks in the future. 3. If you are not maliciously in arrears with the bank loan and are able to pay the interest on the normal loan, I suggest you apply to the loan bank for loan extension first, stating your willingness to repay, and there is no fact of repaying the loan for the time being and no plan for repayment in the future. Normally, the bank will help you. 4. The staff of the relevant legal department will contact the borrower to negotiate the repayment. If the borrower still has no money to repay, in the case of unsuccessful negotiation, the Ministry of Justice will go through judicial procedures and the court will file a case for trial. If the borrower is applying for a mortgage loan, the court will auction or discount the items mortgaged by the borrower to make up the arrears. To sum up, although debt is a civil liability, if you maliciously owe money to the bank, you can still be sued, and it will also have a bad impact on your credit system. If criminal cases increase, you must bear the corresponding legal punishment. Of course, the responsibility for repayment is still to be borne, so pay attention to the relevant regulations.