What restrictions the law has on people who don t repay their loans

1. Limit high consumption.

2. Restrictions on flying.

3. A fine of less than 10,000 yuan.

4. Detention for 15 days.

These are all means that can be applied by the court, depending on the mood of the judges.

Legal analysis: borrowing money is not a private lending dispute, the two parties can negotiate to settle it, or they can file a civil lawsuit with the people's court, and the people's court will make a judgment through trial, and both parties need to perform the judgment of the people's court.

Legal basis: Article 253 of the Law of the People's Republic of China on the Litigation of Violent Disputes in Minqin Talks: If the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall be doubled to pay the interest on the debt during the period of delayed performance. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid.

Legal Analysis: Legal Provisions for Non-Repayment of Borrowed Money. Borrowing money is not repaid as a creditor's rights and debts dispute.

The specific provisions are as follows: 1. If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount; 2. If the borrower fails to return 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.

Legal basis: Article 671 of the Civil Code of the People's Republic of China If the lender provides the loan in accordance with the agreed date and amount without losing money, and the borrower suffers losses, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.

Article 676: Where a borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.

The borrower must pay liquidated damages or penalty interest to the lender if he does not repay the loan. The payment of liquidated damages refers to the payment of a certain amount of currency to the other party when one of the parties fails to perform or does not fully perform its obligations under the loan contract in accordance with the provisions of laws and regulations or the loan contract.

This is an economic sanction for the defaulter's breach of contract, which is punitive.

Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The borrower may urge the borrower to return the loan within a reasonable period of time.

If the borrower fails to repay the loan within the time limit, the bank has the right to request the borrower to pay the interest on the overdue repayment, and can sue the court to protect its rights in accordance with the law. If the bank obtains a judgment in favour of the borrower and the borrower fails to perform its obligations under the effective judgment, the bank also has the right to apply to the court to compel the enforcement of the lease system.

[Legal basis].

Article 676 of the Civil Code.

If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state.

Article 678.

The borrower can apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.

Article 97 of the Civil Procedure Law of the People's Republic of China.

Where an agreement is reached through mediation, the people's court shall draft a mediation document.

Article 120.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Article 236.

The parties must perform on legally effective civil 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.

Article 244.

If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.

1. Communicate with the debtor privately to repay the loan.

First of all, you can communicate, or communicate the specific repayment time in person, if you do not repay after the agreed repayment time, then you can proceed to the next step, but the vast majority of people are still very honest, and some do not need to be reminded to repay before the agreed time.

2. Ask the debtor's relatives or friends to help ask for money.

When it doesn't work to contact you directly, you can try to find a friend who usually has a good relationship with the debtor or remind the debtor that it is time to repay the money.

3. Send a lawyer's letter.

Before sending a lawyer's letter, you must first find out the financial situation of the debtor's family, whether there are assets such as a house, a car, and savings, whether there is a stable job for the debtor, how much is the monthly income, and the general income of the family members. This is equivalent to a rough look at the debtor's ability to repay. If the debtor's family is poor and has no income, then there is no need to settle the debt through the law, because the debtor has no money to repay the debt, and it is time-consuming and costly to solve the debt problem through the law.

If you have money and maliciously defaulted on the debt, then it is recommended to find a lawyer to send a lawyer's letter.

4. Take the court litigation route.

It doesn't work to send a lawyer's letter, so the only thing is to prosecute. After filing a lawsuit, they may apply to the court for property preservation to freeze the assets of the debtor. If the debtor still does not repay the money after the court has made a judgment, then he may apply for compulsory enforcement, and the people's court may impose a fine or detention according to the severity of the circumstances.

1. What are the conditions for private lending to sue for litigation?

The prosecution must comply with the following rules:

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.

Legal Analysis: The court will issue a civil judgment after making a judgment on a loan dispute. Civil judgments have the force of law, and both parties are bound by them.

If the debtor still does not repay the money after the judgment, the borrower can apply to the court for enforcement. According to Article 224 of the Civil Procedure Law of the People's Republic of China, "the enforcement of legally effective civil judgments and rulings, as well as the property portion of criminal judgments and rulings, shall be buried by the people's court of first instance or the person at the same level as the people's court of first instance where the property subject to enforcement is located."

Legal basis: Other legal documents that are required to be enforced by the people's court as prescribed by law shall be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located. ”

Article 226:"Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it. ”

Article 229: "Where the person subject to enforcement or the property subject to enforcement is in a foreign country, the local people's court may be entrusted to enforce the law on his behalf." After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse. After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be notified of the execution in a letter.

If the entrusted people's court does not enforce the letter of entrustment within 15 days of receiving the letter of entrustment, the entrusting people's court may request the people's court at the level above the entrusted people's court to order the entrusted people's court to enforce the "once the civil judgment takes effect, the obligor shall automatically perform it." If the right holder refuses to perform, the right holder may apply to the people's court for compulsory enforcement.