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Installment payments are not also civil disputes and will not go to jail. The contract of installment performance of debt refers to the debtor's performance of specific obligations to the creditor in equal or unequal amounts within a certain period of time, this kind of contract is often a unilateral contract, the creditor is in a state of expectation, and its rights can be realized with a higher degree of risk, and the guarantor is to guarantee this risk degree with personal property or credit to ensure that the creditor's rights can be realized.
Although the debtor of such a guarantee contract performs its obligations in installments, as far as the guarantor is concerned, the contract does not clearly stipulate the specific term and method of its guarantee, the guarantor's guarantee for the entire debt is not specified in the form of contract terms, and the performance of its obligations is not clearly required in the agreed manner.
Legal basis: Article 167 of the Contract Law, the termination of the contract in the purchase and sale of installments.
If the buyer who pays in installments fails to pay the amount of the price due to one-fifth of the total price, the seller may require the buyer to pay the full price or rescind the contract. If the seller terminates the contract, it may demand payment of royalties for the subject matter from the buyer.
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Installment payment is a common payment method for modern people. Many times, we want to buy a product or enjoy a service, but we don't have enough funds for the time being, so we can use the installment payment method to transfer the payment pressure to a later period of time. There are many installment payment platforms on the market, but how can you choose the right one for you?
First of all, we need to determine the amount of funds we need, if you need a small amount of funds, you can choose some loan platforms with a lower amount. If you need more money, you can focus on platforms with higher loan amounts.
Secondly, we also need to take into account the number of installments we want to install, and most of the loan platforms on the market have an installment period of between 3 months and 3 years.
The most important point is that we need to choose some regular big brands, and the loan products launched by regular platforms will be more reliable and formal.
Among them, Du Xiaoman Finance's money is easy to apply, fast to lend, flexible to borrow and repay, and users can take the initiative to apply. The interest fee for money is transparent, the big brand is more reliable, the interest rate is low, the daily interest rate is as low as low, the interest rate of borrowing 10,000 yuan is as low as 2 yuan a day, the maximum amount of borrowing is 200,000 yuan, and the easy loan can be divided into up to 24 installments.
This is provided by Kangbo Finance, which focuses on the interpretation of financial hot events, the popularization of financial knowledge, adheres to professionalism, pursues fun, makes financial content that people can understand, and conveys financial value in a vivid and diverse way. Hope this helps.
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1. Overdue installment payment does not still fall within the scope of civil litigation, and under normal circumstances, you will not go to jail.
2. If the creditor files a lawsuit with the court for a deferred accusation, applies for a payment order to require the debtor to perform its obligations, and the debtor fails to perform the debt within the specified time limit, the creditor may apply to the court for compulsory enforcement, and if the other party is still unable to repay the debt, the people's court may take measures against it or notify the relevant units to assist Hu to take measures to restrict the debtor from leaving the country.
1. What methods should creditors use to collect debts?
Creditor debt collection can be carried out in the following ways:
1. Go directly to the court to sue the debtor for repayment. It should be noted that if the plaintiff sues for repayment, the plaintiff needs to provide evidence to prove that the two parties do have a loan relationship, such as IOUs, testimony of third parties and other evidence. If the debtor fails to repay the loan after the judgment of the court, the creditor may apply to the court for compulsory enforcement after the expiration of the performance period of the judgment, and the court will take enforcement measures to compel the other party to repay the loan.
2. Apply to the court for a payment order to urge the other party to repay the loan. A payment order is a legal document issued by the people's court to the debtor for payment of money or valuable within a time limit in accordance with the supervision procedures stipulated in the Civil Procedure Law and according to the application of the creditor.
Second, how to recover the arrears.
1. Apply to the court for a payment order. A payment order is a legal document issued by the people's court to the debtor for payment of money or valuable within a time limit in accordance with the supervision procedures stipulated in the Civil Procedure Law and according to the application of the creditor. 2. File a lawsuit with the court to demand repayment from the other party.
3. Apply for compulsory enforcement. If the debtor still refuses to perform the debt after the court judgment, the creditor may apply for compulsory enforcement to forcibly detain and dispose of the debtor's property.
3. How to sue the court if there is an IOU.
2. After the case is accepted, the court will give you a notice of payment, pay the litigation fee to the designated bank according to the instructions, and then take the payment slip given to you by the bank to the court for exchange;
3. Wait for the court notice**, and will generally send you a summons**;
4. Appear in court to participate in the litigation at the time and place indicated by the summons;
5. After the court is held and the verdict is waited, if you are not satisfied with the result, you will report to the Intermediate People's Law from the date of receipt of the verdict.
6. After winning the lawsuit, if the other party refuses to perform, the winning party may apply to the people's court for enforcement, or the adjudicator may transfer it to the executor for enforcement.
7. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law;
8. Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts may take or notify relevant units to assist in employing restrictions on leaving the country, recording and publishing information on non-performance of obligations in the credit reporting system, and other measures provided by law.
9. In cases where there is a capacity but refusal to enforce, it is suspected of the crime of refusing to enforce a judgment or ruling.
Article 189 of the Civil Code of the People's Republic of China provides that where the parties agree to perform the same debt in installments, the limitation period is calculated from the date on which the last period for performance expires.
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Legal analysis: If you don't pay in installments, you won't go to jail, which is a civil dispute. Although the debtor of such a guarantee contract performs its obligations in installments, as far as the guarantor is concerned, the contract does not clearly stipulate the specific term and method of its guarantee, the guarantor's guarantee for the entire debt is not specified in the form of contract terms, and the performance of its obligations is not clearly required in the agreed manner.
Legal basis: Article 634 of the Civil Code of the People's Republic of China If the buyer who pays in installments fails to pay one-fifth of the total price, and fails to pay the due price within a reasonable period of time after being reminded, the seller may request the buyer to pay the full price or terminate the contract. If the seller terminates the contract, it may request payment of royalties for the subject matter from the buyer.
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Legal analysis: 1. Overdue installment payment does not still fall within the scope of civil litigation, and under normal circumstances, it will not go to jail. 2. If the creditor files a lawsuit with the court and applies for a payment order requiring the debtor to perform its obligations, and the debtor fails to perform the debts within the specified time limit, the creditor may apply to the court for compulsory enforcement, and if the other party is still unable to repay the debts, the people's court may take measures against it or notify the relevant units to assist in restricting the exit of the country.
Legal basis: Article 189 of the Civil Code of the People's Republic of China Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance expires.
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Legal analysis: Under normal circumstances, installment payment is not still a civil dispute and will not go to jail. However, if the creditor sues and the court decides, the person who still does not pay may be suspected of committing the crime of refusal to execute, and may go to jail.
Legal basis: Article 118 of the Civil Code of the People's Republic of China Civil entities enjoy creditor's rights in accordance with law.
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