1. If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than three months after being called upon twice by the issuing bank, the bank will ask a lawyer to collect the money.
2. According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" (Fa Shi [2009] No. 19
Article 6 If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than three months after being called upon twice by the issuing bank, he shall be charged with "malicious overdraft" as stipulated in Article 196 of the Criminal Law. To be determined. If the overdraft amount is more than 10,000 yuan but less than 100,000 yuan, it shall be recognized as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be recognized as "large amount". The "huge amount" specified in Article 196 of the Criminal Law
The amount of malicious overdraft refers to the amount that the cardholder refuses to repay or that meets the conditions specified in paragraph 1 and has not yet been repaid, excluding compound interest and interest. Late payment fees, handling fees and other fees charged by the card-issuing bank
3. Article 196 of the "Criminal Law" Whoever commits credit card fraud under any of the following circumstances, and if the amount is relatively large, shall be sentenced to five years in prison If the amount is huge or there are other serious circumstances, the sentence shall be 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. ; If the amount is extremely huge or there are other particularly serious circumstances, he 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 his property shall be confiscated:
(1) Using forged goods or using forged identity certificates to fraudulently obtain credit cards;
(2) Using invalid credit cards;
(3) Pretending to use other people’s credit cards;
(4) Malicious overdraft.