According to regulations, if a credit card is overdue for more than 3 months, you may be prosecuted.

Credit cards are divided into malicious overdue and non-malicious overdue. Malicious overdue may be sued by the bank. If the credit card holder overdrafts the credit card for illegal possession and exceeds the prescribed limit or for a period of time, the issuing bank will Failure to make repayments after three months of two valid notices will result in prosecution for malicious overdraft. However, if the amount of arrears is not large or the annual fee is overdue, banks generally will not sue and will only collect collections through phone calls. In addition, according to relevant legal provisions, arrears of more than 5,000 yuan have not been collected after collection. It is also considered a malicious overdraft and will be included in the credit card fraud blacklist.

Extended information:

The process of being sued for overdue credit cards:

1. If the bank files a civil lawsuit in the court, the court should first receive the lawsuit materials. A decision will be made within 7 days from the date on whether to accept the application.

2. If the amount you owe reaches 10,000 yuan and you still fail to repay it more than 3 months after two collections by the bank, it will constitute a crime of credit card fraud and you should bear criminal liability. After the public security organ files a case for investigation, it usually takes about four months before the procuratorate files a public prosecution in the court.

Legal Basis

According to Article 196 of the "Criminal Law", whoever commits credit card fraud in any of the following circumstances and 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, the sentence shall be not less than five years but not more than 10 years in prison, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is special If the circumstances are 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 a forged credit card, Or using a credit card fraudulently obtained with false identification;

(2) Using an invalid credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.