Does the debtor have to pay the debt even if he goes to jail?

Imprisonment does not relieve civil obligations, so the debt still has to be repaid. However, after being imprisoned, the interest paid on the arrears can be settled through negotiation.

Legal basis: Contract Law

Article 205 The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Article 206 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 61 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Article 207 Where 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.

Note: After the Civil Code came into effect on January 1, 2021, the above legal basis was changed to Articles 674, 675, and 676 of the Civil Code.

Although the debtor went to jail, the debt owed was not offset. In the future, after being released from prison, it will still need to be returned. Even if you can't afford to pay it back at the time, the other party will ask for it when you have money.

Legal analysis: it still needs to be repaid, the debt still exists after imprisonment, if it has not been repaid, it needs to fulfill the repayment obligation according to the law, and if the debt needs to be repaid, there will be no legal situation. Incarceration is not one of the statutory circumstances.

Under any of the following circumstances, the creditor's rights and debts shall be terminated: the debts have been performed; Debts are offset against each other; The debtor deposits the subject matter in accordance with the law; Creditors discharge debts; The creditor's rights and debts belong to the same person; Other circumstances provided for by law or agreed by the parties. If the contract is terminated, the rights and obligations of the contract shall be terminated.

Legal basis: Article 557 of the Civil Code of the People's Republic of China In any of the following circumstances, the creditor's rights and debts shall be terminated: (1) the debt has been performed; (2) Debts are offset against each other; (3) The debtor deposits the subject matter in accordance with law; (4) Creditors are exempted from debts; (5) The creditor's rights and debts are attributed to the same person; (6) Other circumstances provided for by law or agreed upon by the parties.

If the contract is terminated, the rights and obligations of the contract shall be terminated.

It still needs to be repaid, the debt still exists after imprisonment, and if it has not been repaid, it needs to be repaid in accordance with the law, and if the debt needs to be repaid, there will be no legal situation. Incarceration is not one of the statutory circumstances. In any of the following circumstances, the creditor's rights and debts shall be terminated:

The debt has been fulfilled; Debts are offset against each other; The debtor deposits the subject matter in accordance with the law; Creditors discharge debts; The creditor's rights and debts belong to the same person; Other circumstances provided for by law or agreed by the parties. If the contract is terminated, the rights and obligations of the contract shall be terminated.

1. How to forgive debts.

Debt forgiveness will result in the termination of the creditor-debtor relationship.

According to Article 557 of the Civil Code implemented in 2021, if one of the following circumstances occurs, the creditor's rights and debts shall be terminated: the bureau shall not be confiscated.

a) the debt has been fulfilled;

(2) Debts are offset against each other;

(3) The debtor deposits the subject matter in accordance with law;

(4) Creditors are exempted from debts;

(5) The creditor's rights and debts are attributed to the same person;

6) Other circumstances provided for by law or agreed upon by the parties to the termination.

If the contract is terminated, the rights and obligations of the contract shall be terminated.

Article 558 stipulates that after the termination of creditor's rights and debts, the parties shall follow the principles of good faith and perform obligations such as notification, assistance, confidentiality, and old goods in accordance with transaction customs.

2. The creditor or the debtor is the debtor.

The debtor is the debtor.

1. The debtor, as opposed to the "creditor", is a party in the debtor's relationship that obliges to undertake to the other party (creditor) to do or refrain from doing certain acts according to the agreed conditions. Refers to a person who has an obligation to repay the creditor in accordance with the provisions of the law or a contract or contract.

2. In any of the following circumstances, the creditor's rights and debts shall be terminated:

1. The debt has been fulfilled;

2. Debts offset each other;

3. The debtor deposits the subject matter in accordance with the law;

4. Creditors are exempted from debts;

5. Creditor's rights and debts belong to the same person;

6. Other circumstances stipulated by law or agreed by the parties to terminate.

Article 557 of the Civil Code of the People's Republic of China shall terminate the creditor's rights and debts under any of the following circumstances: (1) the debts have been performed; (2) Debts are offset against each other; (3) The debtor deposits the subject matter in accordance with law; (4) Creditors are exempted from debts; (5) The creditor's rights and debts are attributed to the same person; (6) Other circumstances provided for by law or agreed upon by the parties. If the contract is terminated, the rights and obligations of the contract shall be terminated.

If you owe money, you have to pay it back if you go to jail. Creditor sales groups may file a lawsuit with the people's court within the statute of limitations, and the people's court shall accept the lawsuit if it meets the requirements. The debtor shall perform on the effective Douhe judgment and ruling, and if the person subject to enforcement fails to perform in accordance with the enforcement notice, the people's court may enforce it.

[Legal basis].Paragraph 1 of Article 188 of the Civil Code of the People's Republic of China.

The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

Article 119 of the Civil Procedure Law.

The following conditions must be met for a 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 and good 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 252.

Where the person subject to enforcement fails to perform the acts specified in judgments, rulings, or other legal documents in accordance with the enforcement notice, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the person subject to enforcement shall bear the costs.

There are also debts to be repaid. Imprisonment is the assumption of criminal liability, and the assumption of criminal liability does not exempt the parties from civil liability for compensation. The parties shall repay the loan in a timely manner when they have the ability to repay, and if they are unable to repay for the time being, they may agree with the lender to repay the loan in installments.

Civil Code of the People's Republic of China Article 187:Where a civil entity shall bear civil, administrative, or criminal liability for the same act, the bearing of administrative or criminal liability does not affect the bearing of civil liability; Where the civil entity's assets are insufficient to pay, priority is given to the use of civil liability. Article 189: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 is completed.

1. If you are imprisoned for debts, you still need to repay your debts after pretending to be in prison.

2. Imprisonment is criminal liability, and repayment of debts is civil liability. Civil liability and criminal liability are two different types of legal liability, and they do not affect each other. Imprisonment is criminal liability, not exemption from civil liability.

After being released from prison, those who are able to repay it also need to repay the debts they owe.

1. Isn't there criminal liability for borrowing money in general?

The people's court makes a judgment to repay the debt in accordance with the law, and the refusal to repay the debt can be enforced, and because it will not bear criminal liability, it will not go to prison. Unless the court judgment takes effect and is enforced, and the person has the ability to pay and refuses to pay, the crime of refusing to perform the judgment may be constituted, and the borrower may go to jail at this time. However, if the debtor is a malicious fraud, he will be detained for up to 15 days a year if he does not repay the borrowed money.

Of course, if it is a leak who quietly borrows a lot of money and escapes, he may be charged with fraud and the like, then it is not as simple as being detained for 15 days, and he may have to spend several years or even more than ten years in prison. Therefore, if the borrowed money is not repaid and the other party is sued, it is necessary to determine whether the other party will be imprisoned or punished according to the specific circumstances. Under normal circumstances, you will not go to jail.

2. Will you go to jail if you sue for a credit card?

Credit card prosecution doesn't necessarily lead to jail time. If you are sued for overdue credit card repayment, you will not go to jail if you can repay the loan in time or enforce the effective judgment of the people's court. Criminal liability is only required when the crime of credit card fraud is constituted.

Under normal circumstances, this kind of financial dispute is a civil dispute and requires civil liability. Failure to comply with civil liability, or where it constitutes a criminal offence, can result in jail time. The purpose of the bank is not to send all debtors to jail.

3. Will the overdue online loan involve criminal liability?

If the online loan is overdue, it is a civil contract relationship, and you will not go to jail if you are prosecuted, but if the court rules that you have the ability to repay the debt, but refuses to repay, the court can fine and detain you according to the severity of the circumstances, and if you are suspected of committing a crime, you will be investigated for criminal responsibility, and you may be suspected of refusing to perform the judgment or ruling.

If the court rules that the borrower has the ability to repay but refuses to repay, that is, maliciously evading the debt, the court may pursue criminal liability, and the borrower may be sentenced to fixed-term imprisonment of up to three years for "refusing to execute the judgment or ruling".

Of course, the overdue online loan will not come to this point. Because the general loan amount of online loans is relatively low, and the user base is relatively large, it takes a lot of time and money to take this step, and if the platform insists on suing the borrower to the point of imprisonment, the gain outweighs the loss.