The prosecution procedure for non-payment of arrears is as follows:

1. Pay legal fees. The legal fees shall be paid in advance by the plaintiff at the time of prosecution, and shall be determined according to the circumstances of the case after the case is concluded. If the defendant loses the case, the defendant will bear all legal expenses; If both parties win or lose the case, the legal fees shall be shared by both parties or determined by the court;

2. Submit the prosecution materials.

The prosecution materials are as follows:

1, the original indictment, with copies submitted according to the number of defendants;

2. The qualification certificates of the parties (including the plaintiff, the defendant and the third party). );

3. Evidence to prove that our court has jurisdiction;

4. Other evidence.

The consequences of suing the debtor for non-payment are as follows:

1. If the payment is not made by the repayment date, and if the corresponding liability for breach of contract such as late payment is stipulated in the IOU, the debtor may eventually bear liquidated damages other than the principal and interest;

2. If the creditor still fails to repay after filing a lawsuit with the court, it may affect the debtor's credit and be included in the "blacklist". This will bring inconvenience to the debtor's loan, travel and other behaviors in his future life;

3, simple private lending is generally not enough to pursue criminal responsibility, but if the debtor is for the purpose of illegal possession, using fictional facts or concealing the truth to defraud a large amount of public and private property, it may constitute a crime of fraud and be investigated for criminal responsibility.

The evidence to be submitted for private lending disputes is as follows:

1, loan agreement or IOU;

2. If there is a guarantor in the loan relationship, provide evidence of guarantee;

3. The borrower and the borrower's vouchers for delivering and receiving funds;

4. Proof of the debtor's loan purpose;

5. Proof that the debtor should pay interest;

6. If there is no interest agreement, the creditor requires the debtor to pay overdue interest, or the irregular interest-free loan has not been repaid after being urged, and the creditor requires to pay interest after being urged, there shall be evidence that it has not been repaid due or after being urged;

7. If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and pay off the debt;

8. Payment and interest payment vouchers.

To sum up, if the debtor fails to repay for a long time, the creditor has the right to appeal to the court for enforcement. If the amount is huge, it may also bear criminal responsibility. Therefore, if the debtor can't repay the debt in time, he should negotiate with the creditor to postpone the repayment or solve it in other ways to avoid possible adverse consequences.

Legal basis:

Article 674 of the Civil Code of People's Republic of China (PRC)

The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.

Article 675

The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.

Article 122 of the Civil Procedure Law of People's Republic of China (PRC)

Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 123

The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.

If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 124

The complaint shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.

Article 125

Where mediation is applied to a civil dispute brought by a party to a people's court, mediation shall be conducted first, unless the party refuses to mediate.