According to China’s judicial practice, a credit card that is three months overdue will not directly lead to court prosecution.
First of all, three months overdue on a credit card is not an absolute legal period, it is just a common standard. When a credit card debt is overdue, banks will usually take collection measures, such as telephone collection, door-to-door collection, etc., to urge the debtor to repay. Court prosecution is a possible follow-up method, but it is not an inevitable result.
Secondly, the bank will consider a variety of factors before deciding whether to sue, including the amount owed, the debtor's repayment ability and asset status, etc. If the debt owed is small and the debtor has no other significant assets, the bank may choose other ways to resolve the issue, such as negotiating a repayment plan with the debtor. Only when the debtor has no willingness to repay for a long time or is obviously insufficient in repayment ability will the bank consider filing a lawsuit in court.
Finally, even if the bank decides to sue, the court needs to review the case evidence, listen to the statements and defenses of both parties, and then make a decision based on the specific circumstances. The court will not necessarily order the debtor to immediately return all the debt, but will comprehensively consider the interests of the creditor and the debtor and may order partial repayment or installment repayment.
To sum up, being three months overdue on a credit card will not directly lead to court prosecution. The bank will comprehensively consider whether to prosecute based on the specific circumstances of the case, and make a decision by comprehensively considering the interests of all parties during the court trial. When debtors encounter overdue credit card issues, they should communicate with the bank in a timely manner and try to reach a reasonable repayment arrangement to avoid possible legal risks.
Extended information:
Currently, the China Banking Association’s regulations on credit card overdue repayment time are: overdue for less than 30 days is considered slightly overdue, and overdue between 30 days and 90 days is considered general. Overdue, overdue for more than 90 days is considered seriously overdue. When banks deal with overdue issues, they usually formulate corresponding collection policies based on this time stipulation and make corresponding decisions based on the debtor's repayment performance. If the debtor is seriously overdue and refuses to repay, the bank may consider taking legal action. However, the specific procedures and results need to be determined based on the practice and precedents of local courts. Therefore, when debtors face overdue credit card issues, it is recommended to communicate with the bank in a timely manner and take proactive repayment solutions as early as possible to avoid possible legal consequences.
Please note that the above is based on the regulations of the China Banking Association and general judicial practice. The handling of specific cases requires detailed analysis and judgment based on the bank's policies and the actual situation of the local court. If you encounter an overdue credit card issue, it is recommended to consult your nearest bank or legal professional for advice and handle it promptly.