Will you be prosecuted if you are overdue for one month?

Generally will not be prosecuted. Generally speaking, only when the credit card is overdue for more than three months or more than 90 days will the bank file a corresponding lawsuit with the court. If the overdue time is within three months, it will generally be collected by phone or SMS.

Because the prosecution needs a lot of manpower and financial resources, and it takes a long time, and the final result of the card issuer's prosecution is only to recover the arrears, the card issuer will not do such a thankless thing unless the overdue amount is relatively high. But even so, the cardholder must repay on time, and it is best not to overdue. After all, there are many other negative effects of overdue.

What will happen if the credit card is overdue for one month?

1. Cardholders with a large overdue amount may be sued by the bank if they refuse to repay after being recovered by the bank. If the circumstances are serious, it is a malicious overdraft. If the issuing bank has been unable to contact the cardholder, it will receive a notice from the court after the prosecution. Even if the cardholder doesn't appear in court, the court can make a judgment, and if he still doesn't repay the money, he will enforce it.

2. The bank has a professional collection team, which is usually gentle. Mainly collect people who are overdue for less than 3 months. However, if it is overdue for more than 9 months, it will basically be outsourced to a third-party collection company. By then, various collection methods will be more frequent.

3. Most banks' credit cards charge 5% of the unpaid minimum amount, and a few banks' credit cards charge 5% of the unpaid amount.

What if the credit card is overdue for one month?

1. If the credit card holder is overdue for more than one month, the cardholder can pay off part of the arrears first, and then contact the issuing bank to inform him of his strong repayment intention.

2. Inform the issuing bank that the repayment ability is limited at present, and hope to negotiate repayment. When negotiating, you can submit your own financial certificate or asset certificate, indicating that you have the ability to repay slowly, but you can't pay it off at one time.

3. In most cases, if the repayment is negotiated, it is difficult for the bank to agree to reduce the overdue interest and penalty interest, so the cardholder can choose an appropriate way to handle the repayment business, such as applying for installment repayment.

Consequences of overdue repayment of credit cards:

1. An arrest warrant may be issued.

If the amount owed to the credit card reaches the standard of a criminal case and refuses to repay, it will be prosecuted through the court, and if the circumstances are serious, an arrest warrant will be issued.

Those who don't pay the credit card money may not go to jail.

(1) According to the law, if a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after being urged twice by the issuing bank for more than three months, he will be prosecuted and investigated for criminal responsibility, and may go to jail.

(2) instead of malicious overdraft, or the amount is small, generally will not go to jail.

(3) If the credit card is overdue, the bank will file a civil lawsuit and pursue the civil repayment responsibility.

3. Credit card will not be overdue. If it is overdue, a penalty will be charged, and all the consumption of this bill will not enjoy the interest-free period, and interest will be calculated. Mainly there will be bad credit records. After the deadline, enter the collection link, first collect by SMS, and then collect by phone. If it still doesn't work, you can go to the door to recover it, or you can sue through legal channels. If you enter the judicial process, the result will depend on how the court decides.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 676

If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations.

Article 678

The borrower may apply to the lender for extension before the repayment period expires; If the lender agrees, it can be extended.

Article 667

A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.