What should I do if my credit card receives a lawyer's text message overdue?

If the credit card receives a letter from the SMS lawyer within the time limit, it should actively negotiate with the bank to repay the arrears. Failure to pay back the money owed is a civil dispute and will not be investigated for criminal responsibility and will not go to jail. At the same time, after the creditor wins the case in the court, if the debtor fails to perform the court judgment within the performance period, the creditor may apply to the court for enforcement. However, if it is a malicious overdraft, it is suspected of credit card fraud and will be investigated for criminal responsibility. However, those who can actively repay the arrears within the time limit may be relieved or exempted from criminal punishment.

legal ground

Article 54 of the Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs [Credit Card Fraud (Article 196 of the Criminal Law)] If a person is suspected of credit card fraud, he shall file a case for prosecution under any of the following circumstances:

(1) Using forged credit cards, or using forged identity documents to defraud credit cards, or using invalid credit cards, or fraudulently using other people's credit cards to engage in fraudulent activities, with an amount of more than 5,000 yuan;

(2) Malicious overdraft, the amount of which is more than 1 10,000 yuan.

The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.

Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.