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If Huabei is not repaid, it will generally not go to jail, and the non-payment of arrears is usually only a civil dispute and does not involve a criminal case.
If the customer is overdue for too long, the amount of arrears is relatively high, and there is no response to repeated reminders, and the repayment has not been repaid, or even no one can be contacted, then Alipay may file a lawsuit with the court to urge the customer to repay the loan through legal means (generally overdue for more than three months, there is the right to sue, but it is easy not to sue).
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Ant Huabei will not go to jail, and the disputes caused by the non-return of Ant Huabei should be civil property disputes, which shall be regulated and adjusted by the Civil Code. However, if the amount owed is relatively large and is sued by Huabei, and the court has the ability to enforce it but refuses to enforce it after the court judgment is enforced, and the circumstances are serious, it may be suspected of a criminal offense.
[Legal basis].
Article 667 of the Civil Code provides that 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 313 of the Criminal Law provides that a judgment or ruling of a people's court is capable of being enforced but refuses to do so, 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.
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Most of the disputes between Huabei and users are ordinary contract disputes, and China's laws stipulate that ordinary civil disputes cannot be handled by criminal means. In other words, the possibility that Huabei will not go to jail after the deadline is still very small, but if it is a malicious default and does not pay it back for a long time, then the consequences will be different.
Ant Huabei and borrowing do not repay the money after the deadline, and the first choice Sesame Credit must be on the blacklist. In the future, you can't use Ant Huabei and borrow, and if the amount is large, you may be sued. If you don't repay the loan, you will also go to the credit report of the People's Bank of China.
In the future, the processing of loans, credit cards, etc. will be affected. At the same time, there will also be penalty interest, and the longer it is overdue, the higher the penalty interest!
If you are sued because Huabei is overdue, the first thing is to contact Huabei as soon as possible to see if you can negotiate a solution.
If you can repay the loan, repay it as soon as possible, and borrow some money to repay the loan. If you really don't have any money, you can also discuss with Huabei to see if you can repay the loan slowly in installments.
Huabei's overdue will also affect the user's Internet black index score. A low score on the Internet black index will not only affect the success rate of applying for a credit card, but also affect the user's Huabei and borrowing limits, and even cause Huabei and borrowing to be closed.
The impact of the online loan blacklist on individuals is that they are applying for new loans, and it is difficult to approve them again. Although online loans are very convenient now, you must consume rationally, pay attention to repayment on time, and maintain your credit history. When applying for an online loan for a long time, you must pay attention to your online loan big data to prevent it from becoming an online loan blacklist due to blind application.
Just need to search: Xiaotian Quick Search. Users can query their own big data and credit status, and can obtain various index data, and query their personal credit status, blacklist situation, online loan application records, application platform type, online loan credit line estimate and other important data information.
Compared with the personal credit report of the central bank, the scope of online loan big data is more extensive, and the institutions issued are more diverse, which is part of the personal credit record and is a useful supplement to the traditional personal credit report.
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Generally not, this is a civil dispute, and there are many such cases.
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No, it won't. Huabei is a civil dispute, and after the deadline, you will be sued and will not go to jail, but if you refuse to repay, you will become a dishonest person.
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No, unless there is a suspicion of fraud.
Generally, it is civil liability, but if you don't pay it back at the stage of enforcement, then you will be invited into the district for 15 days if you are fine, and if you are suspected of refusing to execute, you will be sentenced.
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Legal Analysis:
Alipay Huabei can be sued if it is overdue and will not go to jail. Huabei is essentially a virtual credit card, and Huabei is not a civil dispute, not a criminal case, and the public security department has no right to intervene. [Legal basis].
Article 119 of the Civil Procedure Law of the People's Republic of China The following conditions must be met for prosecution:
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.
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Alipay Huabei may be prosecuted if it is overdue, and if the circumstances are serious, it may be imprisoned.
Legal basis: Article 96 of the Criminal Law of the People's Republic of China: Whoever maliciously overdraws a credit card, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; 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.
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Won't Huabei, who owes Ma Yun's father, go to jail, the gold medal lawyer will explain to you.
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Legal analysis: If Huabei is overdue, will it go to jail, the letter answer is no, Huabei is essentially a virtual credit card, and Huabei is not a civil dispute, not a criminal case, and the public security department has no right to intervene. However, if Alipay goes to the court to sue and the court sentences you to repay, but you refuse to repay, you may be placed in judicial custody in this case, and if you refuse to execute, you will be sentenced to up to seven years in prison if the circumstances are serious.
After Huabei is overdue, there will be overdue interest, liquidated damages, late fees, handling fees, etc., and it will also be on the central bank for credit, which may have difficulties in taking you out a loan to buy a house and a car in the future, and if you are in arrears for too long, you may be included in the blacklist of dishonest people, restrict high consumption, you can't take a plane or high-speed rail, you can't live in a hotel, and it may have a bad impact on your family and children.
Legal basis: Criminal Law of the People's Republic of China Article 196: In any of the following circumstances, where credit card fraud is carried out, 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.
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If Huabei is not paid, it will generally not go to jail, and if the arrears are not repaid, it is usually only a civil dispute and does not involve a criminal case. For the overdue situation of the customer, Alipay mainly urges the other party to repay as soon as possible by sending text messages and calling **.
If the customer is overdue for too long, the amount of arrears is relatively high, and there is no response to repeated reminders, and the repayment has not been repaid, or even no one can be contacted, then Alipay may file a lawsuit with the court to urge the customer to repay the loan through legal means (generally overdue for more than three months, there is the right to sue, and it will not be easy to sue).
Being sued does not mean that the client will be criminalized, but the client needs to repay the arrears in a timely manner according to the judgment after the court judgment. If the customer refuses to repay the loan after the court judgment, the court is likely to enforce it, freeze the customer's property and bank card, and deduct funds from it to pay off the arrears; In addition, the customer may be included in the list of judgment defaulters, and I am afraid that the customer's daily consumption and travel will be restricted to a certain extent.
After Huabei is overdue, there will be overdue interest, liquidated damages, late fees, handling fees, etc., and it will also be on the central bank Wu Yinglu credit, which may cause difficulties for you to take out a loan to buy a house and a car in the future, and if you are in arrears for too long, you may be included in the blacklist of dishonest people, restrict high consumption, you can't take a plane and high-speed rail, you can't live in a hotel, and it may have a bad impact on your family and children.
[Legal basis].
Criminal Law of the People's Republic of China
Article 196: [Crime of Credit Card Fraud]In any of the following circumstances, where credit card fraud is carried out, 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 of the banquet 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) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
2) Using invalid credit cards;
3) Fraudulently using another person's credit card;
4) Malicious overdraft.
"Malicious overdraft" as used in the preceding paragraph refers to the conduct of a cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and does not return it after being collected by the card-issuing bank.
If Huabei is not repaid, it will generally not go to jail, and the non-payment of arrears is usually only a civil dispute and does not involve a criminal case. >>>More
Huabei is a virtual credit card, and if the dispute is a civil dispute, the public security has no right to intervene, but if Alipay sues you, you may be detained by the judiciary, and in serious cases, you will be sentenced to seven years in prison. If you maliciously do not repay Huabei and uninstall Alipay, it will also be on the credit report, which will affect your normal life in the future, and it is recommended that you do not overdraft for reasonable consumption.
Huabei. Generally, there will be a 3-day grace period for repayment, and if you are unable to repay the loan before the repayment date, it will not be counted as overdue. If it is overdue, then one week overdue, your Huabei will be temporarily frozen and unusable, and you can only continue to use it in the next billing month after you pay off the debt. >>>More
Huabei does not return or is overdue will have the following effects: >>>More
Isn't this equivalent to an old man, and the money borrowed from Huabei in the past will not be repaid. When someone asks you to sign a repayment commitment, you blame others and think that others have fooled you. If you don't sign this pledge, maybe the court will come to you. >>>More