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No.
A loan is a form of credit activity in which a bank or other financial institution lends monetary funds at a certain interest rate and on the condition that it must be returned. Loans in a broad sense refer to the general term for loans, discounts, overdrafts and other lending funds. By lending money and monetary funds to the bank, the bank can meet the needs of the society for supplementary funds for expanding reproduction and promote economic development, and at the same time, the bank can also obtain interest income from loans and increase the bank's own accumulation.
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If you owe an online loan, you will not go to jail, and an online loan is not a criminal liability, but a civil liability. Chinese law stipulates that debts should be repaid, and if the debtor is temporarily unable to repay, the debtor may repay the debt in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.
Therefore, if you owe an online loan, you will not go to jail.
Article 577 of the Civil Code, which came into effect on January 1, 2021, stipulates that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 stipulates that if one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.
Legal basis. Article 577 of the Civil Code.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578.
If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.
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will be investigated for civil liability, and if the formal online loan platform is a formal online lending platform, it will generally file a lawsuit against the person who owes the money. Borrowing is risky, so you need to be cautious when borrowing. It's best to find a way to pay it off as early as possible before the deadline to avoid legal trouble. There will be no consequences for owing an online loan:
1. Penalty interest is generated, and interest is charged;
2. Bad credit records, affecting future loans and credit cards, some online loan platforms directly connect with the central bank's credit system, and some have long-term good cooperative relations with other credit agencies or their credit rating companies, when the next day after the deadline, the name will appear in the bank's internal system at the same time, and the credit report will inevitably leave a bad record. Once it is retained, it may be retained for 3-7 years, and if you want to borrow from a bank or other lender in the future, you may not be able to apply for it easily due to bad credit.
3. If the individual's career is affected and the overdue period exceeds for more than 90 consecutive days and the circumstances are serious, some institutions have the right to publish the ID number and overdue information on the **, or inform the work unit. Defaulting in bad faith or intentionally defaulting. If it is overdue but not for 90 consecutive days, and it can be remedied in time after the overdue date, and the credit level will not be greatly affected.
4. Pulled into the blacklist, children cannot go to key schools, and some "old men" who deliberately delay their debts will be pulled into the blacklist. So that they will not be able to take planes, high-speed rail, accommodation, etc., and more seriously, their children will not be able to go to key schools, and there will be more punishments in the future, so it can be said that life will be difficult to move an inch.
5. The lending institution sends a lawyer's letter to the court to sue the individual, and if the individual fails to pay the fee for more than 3 months, it will be very serious. The lending institution will collect the loan in accordance with the law, and in accordance with the provisions of the loan contract and the guarantee contract, it will file a lawsuit with the court, and the court will take measures such as property preservation of Yanlu, including freezing the deposits in all bank accounts of the lender and the loan guarantor, and seizing the property that has been pledged.
6. Those who have serious circumstances will be punished by law, and if they have the ability to refuse to implement effective legal documents, they will be punished by law. If the guarantor is unable to repay, the guarantor shall bear the responsibility of repayment.
Legal basis.
Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts
Sixth, the interest rate of private loans containing jujube and wax strips may be appropriately higher than the interest rate of banks, and the people's courts in each region may specifically grasp it according to the actual situation of their own region, but the maximum shall not exceed four times the interest rate of the same type of bank loans (including the interest rate itself). If this limit is exceeded, the interest on the excess part shall not be protected.
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If the debtor refuses to enforce the judgment or ruling of the People's Prefecture Pure Court, and the circumstances are serious, he will be imprisoned, and will generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Legal basis. Article 313 of the Criminal Law.
where there is a capacity to enforce a people's court's judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; 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.
If the online loan is not repaid, the party needs to pay a certain amount of overdue interest in accordance with the agreement or the relevant provisions of the state, bear the corresponding liability for breach of contract, and may also face a lawsuit filed by the creditor. If the borrower is temporarily unable to repay, it may negotiate with the creditor to repay in installments or deferred repayment. 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. >>>More
There will be no consequences for the loan money:
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; >>>More
The worst possible outcomes are as follows.
1. Credit investigation on the overdue record of online loans. >>>More
Online loans will not be prosecuted, but generally will not go to jail. >>>More
Online loans are generally economic disputes that belong to private lending, and are usually handled as civil cases, not criminal cases, and usually will not be imprisoned. After all, the loan platform also knows that if the borrower is arrested and imprisoned, there is no income**, and there are no assets to enforce in his name, even if he applies for enforcement, he will not get the money back. >>>More