What happens if someone owes money goes to jail?What to do if the person who owes me money goes to j

If the debtor is imprisoned, he can file a lawsuit with the people's court to recover the debt. If the offender is convicted, for example while in detention in a prison cell, and still has the right to normal civil rights, the creditor can negotiate with him or his family to settle the repayment, or he can go to the local court to sue the debtor and force him to repay. If the debt is not paid, the debt may be paid with the consent of the parties or the ruling of the civil court;If the debtor fails to repay the debt, the people's court will make a judgment to compel the payment.

If there is property, then the relatives who inherit his family property are responsible for repaying it, if there is no property, then he can only wait for the other party to be released from prison, if it is a death sentence, then he can only consider himself unlucky, although there is a way, but the gains outweigh the losses.

The debtor goes to jail, and the debt should also be repaid on time. If the debtor is temporarily unable to repay, with the consent of the creditor or the judgment of the people's court, the debtor can repay the loan in installments or extend the repayment period of the debtor, but the specific repayment period and repayment method must be agreed.

If the person who owes money goes to jail, he can wait until his sentence expires and when he is released from prison, file a lawsuit, and then ask for your money back through legal channels.

If the borrower goes to jail, it will not affect your creditor's rights. He can still sue him if he is in prison, and if he refuses to repay, he can apply to the court for enforcement to realize the creditor's rights.

I had to go to the court to sue him, but he was already like this, it was useless to sue, and he didn't have any extra funds to pay you back, so he tossed in vain and had to admit it.

Legal analysis: the debtor's sentence will not affect the creditor's claim for creditor's rights, and the creditor can still sue the court to require the debtor to fulfill its repayment obligations. Civil liability and criminal liability are two different legal responsibilities, the two do not affect each other, after the perpetrator is punished by the criminal punishment of the tomb chain, he still has to bear civil liability, still needs to repay the debts owed, and also has to bear the late fees and interest arising from the delay in performance.

Legal basis: Article 187 of the Civil Code of the People's Republic of China provides that if a civil subject shall bear civil, administrative and criminal liability for the same act, the bearing of administrative liability or criminal liability does not affect the bearing of civil liability;Where the property of the civil subject is insufficient to pay, priority shall be given to the assumption of civil liability.

Legal Analysis: What to do if the person who owes me money goes to jail: You can file a lawsuit with the court and ask the court to order the defendant to repay the principal and pay interest to bear the legal costs.

If necessary, you can sue together with the other party's wife. If you owe money to others, you should actively repay the loan, and the parties should abide by the contract and fulfill the repayment obligation on time. The court will order you to repay the loan in accordance with the law.

After the judgment takes effect, if the judgment is not fulfilled and the arrears are paid, the court may carry out compulsory enforcement, and may take credit punishment measures against the person subject to enforcement, such as joining the list of judgment defaulters and restricting high spending.

Legal basis: Article 119 of the Civil Procedure LawConditions for Prosecution A prosecution must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 22 of the Civil Procedure Law: The people's court for the plaintiff's domicile has jurisdiction over the following civil litigation; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction: (1) Litigation related to identity relationships raised against persons who do not reside within the territory of the People's Republic of China; (2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing; (3) Litigation against persons subject to compulsory education measures; (4) Proceedings against incarcerated persons.

It needs to be repaid. 1. The debtor shall repay the debt by himself: imprisonment is to be investigated for criminal responsibility, and it is not exempt from the bearing of civil liability. After being released from prison, those who are able to repay the debts they owe also need to be repaid;

2. Ask for it from his spouse: In principle, during the marriage, the debts borrowed by one party are regarded as joint debts of the husband and wife, so the spouse shall bear joint and several liabilities for repayment. However, if the debtor's spouse can prove that the money borrowed by the debtor is only used for personal expenses and is not used for the husband and wife to live together, it is deemed to be a personal debt and the spouse is not liable to repay it;

3. For long-term debts that are maliciously not repaid: if the debtor fails to repay the debts, the creditor can only sue the court to force the debtor to repay the debts in a legal way. The parties must perform on legally effective civil judgments and rulings, as well as criminal judgments and rulings.

If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. If one party fails to perform on the award of an arbitration institution established in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement. The people's court receiving the application shall enforce it.

The convict serves his sentence and carries out the sentence, but he still enjoys normal civil rights in accordance with the law, and the creditor can claim the debt owed through negotiation and litigation. A lawsuit may be filed with the people's court where the plaintiff is located.

Serving a sentence is a criminal liability, and paying a debt is a civil liability. Civil liability and criminal liability are two different types of legal liability, and they do not affect each other. Serving a sentence is to be investigated for criminal responsibility, and it is not exempt from the assumption of civil liability.

After being released from prison, those who are able to repay the debts they owe also need to be repaid; Legal liability for non-payment of debts:

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

2. If the creditor sues the court and the judgment makes you still not repay, it may affect the debtor's credit and be included in the "blacklist".

3. Simple private lending generally does not meet criminal liability, but if the debtor uses fictitious facts or methods to conceal the truth for the purpose of illegal possession to defraud a large amount of public or private property, it may constitute the crime of fraud and be investigated for criminal liability.

The General Principles of the Civil Law stipulate that a lawful lending relationship is protected by law. Debts should be discharged. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

Legal basis: Article 90 of the General Principles of the Civil Law of the People's Republic of China.

A legitimate lending relationship is protected by law.

Article 108 of the General Principles of the Civil Law of the People's Republic of China.

Debts should be discharged. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

If a person owes money goes to jail, he or she can also file a civil lawsuit in court to demand that he pay it back. However, according to the provisions of the Civil Procedure Law, a person who owes money must file a lawsuit with the people's court of the plaintiff's domicile if he is imprisoned, and if the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, a lawsuit must be filed with the people's court of the plaintiff's habitual residence.

Article 22 of the Civil Procedure Law: The people's court for the plaintiff's domicile has jurisdiction over the following civil lawsuits; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction: (1) Litigation related to identity relationships brought against persons who do not reside within the territory of the People's Republic of China; (2) Litigation related to the identity of a person whose whereabouts are unknown or who have been declared missing; (3) Litigation against persons subject to compulsory education measures; (4) Proceedings against incarcerated persons.