If you don't repay, you won't go to jail, but the borrower needs to bear civil liabilities such as repayment of principal, interest and overdue interest. If the borrower refuses to repay the loan, the lender may apply to the people for compulsory execution after winning the case. After the debtor fails to perform the judgment, the bank may apply for compulsory execution. If the debtor has the ability to perform the judgment and refuses to execute it, the serious circumstances will constitute the crime of refusing to execute the judgment. If it's really hard to perform,
1. Under what circumstances will you go to jail for owing a bank loan?
Providing false information and supporting documents when lending may be suspected of lending, which will lead to imprisonment. The crime of defrauding loans refers to the act of obtaining loans from banks or other financial institutions by deception, causing heavy losses or other serious circumstances. The statutory punishment for this crime is: fixed-term imprisonment of not more than three years or criminal detention, and a fine or a single fine; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Second, there is no way for individuals who owe bank loans.
1, personal credit is damaged.
2. be urged by the door.
3. Facing the risk of being sued.
3. Under what circumstances will default on bank loans be classified as untrustworthy enforcers?
Several provisions of the Supreme People's Government on publishing the information of the list of people who have lost their trust.
For the obligations defined in the legal documents that come into force first, the lower house shall include them in the list of people who have been executed for breach of trust and impose credit punishment according to law:
(1) Having the ability to perform and refusing to perform the obligations specified in the effective legal documents.
(2) Obstructing or resisting by forging evidence, violence or threats.
(three) false litigation, false arbitration to avoid execution;
(4) Violating the property reporting system;
(5) Violating the consumption restriction order;
(6) refusing to perform the settlement agreement without justifiable reasons.
4. Arrears agreement?
Installment repayment agreement
Party A:
Party B:
Party A has business dealings with Party B, and Party A provides glass fiber products to Party B.. Party A and Party B have reached the following repayment agreement through friendly negotiation:
Article 1: Party A and Party B confirm that Party B still owes Party A RMB (in words) only as of the date of signing this Agreement.
Article 2: Party A agrees that Party B will divide the loan according to the following repayment plan.
Time and amount of repayment
Article 3: If Party B fails to make the payment on schedule as stipulated in Article 2 of this Agreement, it shall pay Party A a penalty of two ten thousandths of the amount of the default from the date of default. If any arrears are not paid on time or in full, Party A has the right to ask Party B to pay the remaining arrears to Party A immediately.
Article 4: Party B has clearly understood the meaning, content, procedure and effect of notarization with enforcement effect according to the provisions of relevant laws. After careful consideration, Party B agrees to apply to Tongxiang Notary Office for notarization at any time after the signing of this agreement according to Party A's requirements, so as to give this agreement the force of enforcement.
Article 5: Any lawsuit arising from the performance of this agreement shall be under the jurisdiction of the place where Party A is located.
Article 6: This Agreement shall come into force as of the date of signing.
Article 7: This Agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A: Party B:
Date of signing: Date of signing:
To sum up, you don't need to bear criminal responsibility if you can't repay. However, if the real estate and motor vehicles are mortgaged to the lending institution at the time of loan, the lending institution can exercise the mortgage right without repayment ability, which is similar to asking the people to auction the mortgaged real estate judicially.
legal ground
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 the overdue interest in accordance with the agreement or the relevant provisions of the state.
Article 678 The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be extended.
People's Republic of China (PRC) Civil Procedure Law
Article 123 An appeal shall be submitted to the people, and copies shall be submitted according to the number of defendants.
If it is really difficult to write a written statement, you can make an oral statement, and the people will record it in the transcript and inform the other party.
Article 243rd A legally effective civil judgment or written order must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people for execution, or the judge may transfer it to the person subjected to execution for execution.
Mediation and other legal documents that should be executed by the people must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Article 250 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people have the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.
When people detain or withdraw income, they shall make a written ruling and issue a notice of assistance in execution, which must be handled by the unit where the person subjected to execution works, banks, credit cooperatives and other units with savings business.
Second, the loan will not go to jail?
Legal analysis: the loan is not only civil, but also won't go to jail. If the debtor fails to perform the judgment after the bank arrives, the bank may apply for compulsory execution. If the debtor has the ability to perform the judgment and refuses to execute it, the serious circumstances will constitute the crime of refusing to execute the judgment. If it is really difficult to perform, it will also extend the performance time. Loans are not only civil, but also won't go to jail. If the debtor fails to perform the judgment after the bank arrives, the bank may apply for compulsory execution. If the debtor has the ability to perform the judgment and refuses to execute it, the serious circumstances will constitute the crime of refusing to execute the judgment. If it is really difficult to perform, it will also extend the performance time. You could go to jail. It should be judged according to the specific situation. The inability to repay the loan is only a civil issue and will not go to jail. If it is solvent after the judgment, it will be enforced and the corresponding responsibility will be investigated, and the possibility of criminal responsibility will not be ruled out. It may constitute a crime of refusing to perform the judgment and may lead to imprisonment. 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. Derivative question: what should I do if I don't pay? Wages are paid by the month. It is illegal to pay wages every other month, and it is legal to pay wages this month next month. Workers who pay wages in arrears, fail to pay wages or deduct wages can call 12333 to complain, which is the telephone number of the Human Resources and Social Security Bureau. You can also complain to the supervision brigade of the Labor Bureau. Because the company fails to pay the labor remuneration on time, the employee may apply to terminate the labor contract and labor relationship and demand economic compensation. Laborers can report to the local labor inspection administrative department, and the labor inspection brigade will order the employer to pay wages. If the labor inspection brigade fails to coordinate, the laborer may apply for labor arbitration. If the conclusion of labor arbitration refuses to be executed, it may apply for compulsory execution.
3. Will you go to jail without a loan?
possible