Legal analysis: ICBC's credit card is overdue by 3, yuan, and it may be prosecuted if it takes more than three months. If the amount owed is not large or due to the unpaid annual fee, the bank will generally not sue, but will only collect it. Banks will freeze cards and blacklist them as forbidden customers. At the same time, they will also sue for credit card fraud and malicious overdraft, and the court will enforce them.

Legal basis: Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 If a cardholder overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) knowing that there is no repayment ability and a large amount of overdraft cannot be returned; (two) wantonly squandering overdraft funds, unable to return; (3) Escaping after overdraft, changing contact information and evading bank collection; (4) Evading or transferring funds, concealing property and evading repayment; (five) the use of overdraft funds for illegal and criminal activities; (six) other acts of illegal possession of funds and refusal to return them. Malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. Criminal responsibility should be investigated for malicious overdraft. However, if all the overdraft interest has been repaid before the judgment of the people's court is announced after the public security organ files the case, it can be given a lighter punishment, and if the circumstances are minor, it can be exempted from punishment. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.