Will you go to jail if your online loan is overdue, and will you go to jail if you can t get an onli

Online loans will not be prosecuted, but generally will not go to jail.

Online lending is a private loan, and the accident is a civil dispute, which is not a criminal case, so it is generally not a prison sentence. Some large and deliberately long overdue cases may be prosecuted. If the lender wins the case, the court will force you to mortgage the repayment through an RV, deposit, etc.

If the lender does not have these properties, the court will restrict the borrower's high consumption, living needs and entry and exit, etc., if the borrower insists on being a cheater and does not repay the money, then the court will investigate his criminal responsibility, that is to say, he will go to jail, but ordinary people can't go this way.

If the online loan is not repaid, it will lead to a bad personal credit record, which will affect your future loan application, and after the online loan institution is overdue, the staff of the institution will also collect on you, which will be collected through ** and text messages, affecting your personal life. If the amount owed is large and the arrears are serious, the platform can resolve it through legal means. At the same time, during the overdue period, there will be a high penalty interest, which will cause you a burden.

If borrowers want to know their credit information, they can find this applet through WeChat: Sky Data, including details such as comprehensive scores, application records, and personal online loan big data. If the big data is already messed up, it should be corrected in time to avoid a major impact on personal credit.

If you fail to repay the loan within the time limit, there is a risk of being sued, and it is very likely to be included in the credit list, so it is recommended to repay the loan in time.

If they have the ability to return it but refuse to do so, they are suspected of the crime of refusing to enforce the judgment or ruling, and will be investigated for criminal responsibility in accordance with law. However, failure to repay the loan on time is a civil liability and does not involve criminal liability, i.e. no jail time. Overdue means that the repayment time has been exceeded, generally referring to banks, loan companies, etc.

Overdue will generate interest and credit information, and serious cases will be sued by the court and jailed.

There will be no consequences for the loan money:

1. If there is really no ability to repay, it shall negotiate with the lending institution to extend the repayment period or repay it in installments.

2. If the lending institution fails to perform the court judgment within the performance period after winning the lawsuit, it will apply to the court for enforcement.

3. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law.

4. If the lender has no property in his name that can be enforced and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

Will you go to jail if you don't repay your online loan after it's overdue? Criminal law and experience are shared with everyone.

What are the consequences of overdue online loans?

Legal analysis: Whether you will go to jail if the online loan is overdue depends on the specific situation. If the online loan is overdue, it will be collected at the beginning.

If the borrower refuses to return the loan after repeated collections, the other party will generally file a lawsuit with the court; If the borrower is truly unable to repay, it will generally not be seized; However, where they refuse to repay the judgment or ruling, the people's court may impose a fine or detention on the basis of the severity of the circumstances.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China, where a people's court refuses to enforce a judgment or ruling that the people's court has the ability to enforce, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Legal analysis: Under normal circumstances, if you can't repay an online loan, you only need to bear civil liability and will not go to jail. But the crime constituted by the specific circumstances, such as:

In any of the following circumstances, fraudulently obtaining loans from banks or other financial institutions, causing major losses to banks or other financial institutions, or other serious circumstances, defrauding banks or other financial institutions of loans for the purpose of illegal possession, and the amount is relatively large, constitutes the crime of loan fraud, and needs to bear criminal responsibility, and will be imprisoned: (1) fabricating false reasons for introducing funds, projects, etc.; (2) Using false economic contracts; (3) Using false supporting documents; (4) Using false property rights certificates as collateral or repeatedly guaranteeing beyond the value of the collateral; (5) Using other methods to defraud loans.

Legal basis: Civil Code of the People's Republic of China

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 680:Usurious lending is prohibited, and the interest rate on loans must not violate the relevant provisions of the State. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest. If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.

If you don't repay the online loan if it's overdue, you won't go straight to jail. First of all, it depends on whether the online lending platform is compliant, and if it is compliant, the platform will negotiate with the borrower to deal with the overdue problem. However, if the online loan itself is non-compliant, then this type of online loan overdue is more dangerous.

At this time, your personal credit status will be affected, and your online loan records will remain in the online loan big data. It is recommended to check your online loan history, online loan overdue details, debt arrears, dishonesty information, online loan blacklist and other information through Xiaoqi Xincha. This will allow you to better manage your credit profile and avoid overdue issues.

If the online loan is overdue, there will be no criminal liability. What is not required to bear civil liability is the overdue online loan, so the overdue online loan does not need to bear criminal liability. Creditors of online loans may apply to the people's court for property preservation, payment orders, or file a lawsuit, and may also apply for compulsory enforcement after winning the lawsuit.

[Legal basis].Article 242 of the Civil Procedure Law.

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 inquire about the property of the person subject to enforcement, such as deposits, bonds, and shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Will you still go to jail if the online loan is overdueFor online loans, if you fail to repay the loan after the deadline, the first thing you will encounter is to be collected; If the other party still refuses to repay the loan after repeated collections, the other party will file a lawsuit with the court. When the court judgment is issued, the borrower will be required to repay the loan; If the borrower still fails to comply with the court judgment and fulfills the repayment obligation, the court will enforce it, freeze the property, etc., and in serious cases, he may be imprisoned. The relevant laws and regulations are in accordance with the Contract Law of the People's Republic of China

Article 196: [Definitions] A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. Article 197: [Form and Main Terms of Contract]Loan contracts shall be in written form, unless otherwise agreed upon between natural persons. The content of the loan contract includes the terms of the loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 198: [Guarantee of Contract]When entering into a loan contract, the lender may require the borrower to provide security. The guarantee shall be in accordance with the provisions of the Guarantee Law of the People's Republic of China. Article 199 [Obligation of the Borrower to Provide the Borrower's True Information] When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

Article 200 [Advance Deduction of Interest Balance] The interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated. Article 201: [Liability for Loan Default]Where a lender fails to provide a 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. The above is the question you asked, the overdue online loan depends on the amount of money involved, and if the excess amount is large, the bank is likely to sue directly, and may go to jail, and the amount is small, the bank will just urge you, and will not sue you, because it can't be done.

Questions. Will you go to jail if you owe more than 40,000 online loans?

If there are many people, it may be collected by many banks, but the amount is scattered, and the amount is not large, so the best way is to actively repay the loan.

1. If the online loan is overdue, you will not go to jail.

1. Whether you will go to jail if you fail to repay the online loan after the deadline depends on the situation

1) If you don't repay the online loan, you will generally not go to jail, because this is a civil dispute;

2) However, if there is malicious debt evasion and there is an intention to fraudulently obtain a loan, it may constitute the crime of fraudulently obtaining a loan or a loan fraud, and may be imprisoned.

2. Legal basis: Article 193 of the Criminal Law of the People's Republic of China.

In any of the following circumstances, where a bank or other financial institution is defrauded of a loan for the purpose of illegal possession, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given

1) Fabricating false reasons for the introduction of funds, projects, etc.;

(2) Using false economic contracts;

(3) Using false supporting documents;

(4) Using false property rights certificates as collateral or repeatedly guaranteeing beyond the value of the collateral;

(5) Using other methods to defraud loans.

2. What are the constitutive elements of the crime of loan fraud?

1. The object of infringement is a complex object;

2. Objectively manifested as the perpetrator's use of fabricated facts or methods to conceal the truth to defraud banks or other financial institutions of loans, and the amount is relatively large;

3. The main body is a general subject;

4. The subjective aspect is intentional.