Credit card arrears is a debt dispute, not a criminal case, and it is generally not sentenced, but if there is credit card fraud, it may be sentenced. In loans overdue for a month or two, the bank will not sue immediately. Generally, it will call to urge the borrower to repay the loan first. If it fails, the bank will have a special person to communicate with the borrower. If the communication fails, the borrower provides collateral as a mortgage loan, and the loan cannot be repaid after repeated dunning, then the mortgage will be auctioned to repay the loan.

Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, 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:

1, using forged credit cards, or using credit cards fraudulently obtained with false identification;

2. Use an invalid credit card;

3. Fraudulent use of other people's credit cards;

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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the regulations.

What if the credit card hasn't been paid back yet?

There are the following treatment methods:

1. Minimum repayment amount: At present, banks generally have a minimum repayment amount. As long as the minimum repayment amount is paid before the deadline of the final repayment date, it has no impact on individuals, but it will charge five ten thousandths of interest every day;

2. Repayment by installment: You can apply for repayment by installment before the deadline of the final repayment date, and the installment fee will increase with the increase of the number of installments according to your repayment ability;

3. Change the billing date: the repayment date is extended by changing the billing date, but the billing date cannot be changed at any time, and each bank has different restrictions on the number of times to change the billing date. Some banks change the billing date twice a year, and some change it 1 time a year;

4. Negotiate with the bank: explain the situation with the bank, negotiate with it, and prove that you didn't intentionally fail to pay it back, and there is no reasonable reason for the time being.

To sum up, when you find that your credit card has not been used, you can apply for the minimum repayment amount or installment repayment in time, or you can contact the bank in time to agree on how to repay it. The consequences of overdue credit cards are very serious. Once it is identified as malicious overdraft, it is very likely to be sentenced, but generally speaking, credit cards will not be sentenced if they are overdue.

legal ground

Article 3 13 of the Criminal Code of People's Republic of China (PRC).

The crime of refusing to execute the judgment or ruling is capable of executing the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.