Legal analysis: Generally speaking, loans overdue's behavior in a short period of time will be regarded as non-malicious overdue by the lending institution. As long as the lender pays off all the debts immediately, the lender will not be held accountable and will not submit a credit report. Different lending institutions have different loans overdue time. For example, for banks, repayment of arrears within three days in loans overdue will be regarded as non-malicious overdue by lenders, while for small loan apps, this time will be longer. In order to recover the arrears, overdue behavior is often not reported for a week. For long-term overdue behavior, lending institutions will classify loans overdue as malicious overdue and loans as "bad debts". At this time, the lending institution will take various ways such as door-to-door collection and company collection to collect the arrears, and even take the debtor to court. Generally, if it exceeds 90 days, it will be regarded as malicious overdue, and if it exceeds 120 days, legal measures will be taken. Therefore, loans overdue is likely to be prosecuted if he exceeds 120 days.

Legal basis: Article 313 of the Criminal Law of People's Republic of China (PRC) refuses to execute the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 119 of the Civil Procedure Law of People's Republic of China (PRC) 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.