After being imprisoned, you can entrust family members and friends to repay debts on your behalf. Criminals serve their sentences, but they still enjoy normal civil rights in accordance with the law. Therefore, criminal liability does not affect the assumption of civil liability. For debts owed, creditors can demand them through negotiation and litigation. A lawsuit may also be filed with the People's Court where the plaintiff is located. After the people's court accepts the application, after reviewing the facts and evidence provided by the creditor, if the creditor-debt relationship is clear and legal, it shall issue a payment order to the debtor within fifteen days from the date of acceptance; if the application is not established, it shall rule to reject it.
Rights and Obligations of the Person Subject to Execution
(1) The person subject to execution shall actively perform the obligations specified in the effective legal document according to the specified performance period after receiving the execution notice from the People's Court. .
(2) The person subject to execution shall truthfully declare his property status to the people's court and carefully fill in the property declaration form of the person subject to execution. If he deliberately conceals the declaration or makes an untrue declaration, the people's court will take action according to the law according to the circumstances. The person subject to execution shall take judicial coercive measures and hold the relevant persons legally accountable.
(3) During execution, the person subject to execution or the legal representative or responsible person of the person subject to execution and relevant personnel who have been legally summoned by the people's court should appear in court at the designated time. During this period, relevant persons who must be present at the scene may not only be represented by authorized agents without the consent of the People's Court. If, after two legal summonses, the person being summoned refuses to appear without justifiable reasons, the People's Court will issue a custodial summons.
(4) After receiving the execution notice, the person subject to execution shall not transfer, conceal, sell or destroy the damaged property without authorization. If any of the above behaviors are committed, once verified, the people's court will pursue legal action against the person subject to execution and relevant personnel in accordance with the law. responsibility.
(5) During the execution period, the people's court may take enforcement measures such as freezing, detaining, sealing up, seizing, auctioning, and selling off the property of the person subject to execution in accordance with the law. If necessary, the person subject to execution, his or her residence or the place where the property and evidence materials are hidden may also be searched.
(6) When the people's court takes measures such as sealing, detaining, and searching in accordance with the law, the person subject to execution shall cooperate with the court in the execution and shall not obstruct judicial personnel from performing their duties.
(7) After the People's Court takes compulsory execution measures, the person subject to execution shall not conceal, transfer, sell, or damage the property and evidence materials that have been sealed up or detained, or the property that has been counted and ordered to be kept. and evidence materials, and shall not transfer frozen property, shall not tear down the announcements and seals posted by the court without authorization, and shall not mortgage the property sealed or frozen by the court, otherwise the relevant personnel will be held legally responsible.
Legal basis:
Article 22 of the "Civil Procedure Law of the People's Republic of China"
The following civil lawsuits shall be filed by the people of the place where the plaintiff is domiciled. The court has jurisdiction; if the plaintiff’s domicile is inconsistent with the place of habitual residence, the People’s Court of the plaintiff’s habitual residence shall have jurisdiction:
(1) Identity-related cases filed against persons who do not reside within the territory of the People’s Republic of China Litigation concerning identity and relationship;
(2) Litigation concerning identity and relationship filed against a person whose whereabouts are unknown or declared missing;
(3) Litigation filed against a person who has been subjected to compulsory education measures Litigation;
(4) Litigation against imprisoned persons.