the information that the person subjected to execution fails to perform or fails to fully perform his obligations will be reported to his unit, credit reporting agency and other relevant institutions. If the debtor refuses to perform such acts as hiding or transferring property, the court may take judicial custody measures. If the refusal is serious, it may be suspected of refusing to perform the judgment or ruling and bear criminal responsibility. If the debtor really has no property to execute, the court will decide to suspend execution. After the suspended execution disappears, the creditor may apply to resume execution.
Specific consequences of debt:
1. For those who fail to repay their debts due, it is suggested to sue the court for repayment as soon as possible. Once the limitation of action exceeds two years, they will lose their right to win the lawsuit;
2. After winning the case, if the other party fails to perform the court judgment within the performance period, it may apply to the court for compulsory execution;
3. After accepting enforcement, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law;
4. In addition, there is no property under his name that can be executed, and he refuses to perform the effective judgment of the court, so he will have negative information such as overdue repayment recorded in his personal credit report, and will be restricted from high consumption and entry and exit, and may even be judicial custody;
5. The crime of refusing to execute a judgment or ruling under the condition of being able to do so;
6. article 313 of the criminal law refuses to execute a judgment or written order. if the people's court refuses to execute the judgment or written order, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Process of being sued for overdue credit card:
1. After the credit card is overdue, the bank will first collect the overdue users for 3-6 months.
2. If the cardholder still fails to repay the loan after the dunning, there will be two situations: one is that the date of prosecution for bad debts is to be determined, and the other is that materials are to be submitted for prosecution.
3. The court will investigate the truth after receiving the litigation request from the bank. If the court can determine that the cardholder has been in arrears for a long time after investigation, the court will ask the bank for the cardholder's personal information.
4. The bank needs to prepare the litigation materials and then submit them to the court
5. After receiving the litigation materials from the bank, the court will usually examine and approve them within 7 days. If the court accepts the case after examination and approval, it will issue a summons and litigation materials to overdue users.
6. after receiving the summons, the cardholder can apply for out-of-court mediation with the bank to negotiate repayment. if negotiation fails, the case will be heard, opened and judged.
7. after the trial by civil adjudication, if the overdue user still fails to repay the loan within the time limit stipulated in the judgment, the bank has the right to apply for compulsory execution.
8. When accepting enforcement, the court will inquire about the real estate, automobile products, securities and deposits under its own name according to law
9. If I refuse to carry out the effective judgment of the court, I will be restricted from flying, high-speed rail, high consumption and entry and exit, and may even be detained in judicial custody for 7-15 days.
1. If you have the ability to refuse to execute the judgment or ruling, if the circumstances are serious, you can be sentenced to fixed-term imprisonment of not more than three years.
Legal basis:
Article 675 of the Civil Code of the People's Republic of China, the borrower shall repay the loan within the agreed time limit. If the loan term is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 51 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 676 of the civil code of the people's Republic of China. if the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or relevant state regulations.