Will you go to jail if you owe an online loan, and won t you go to jail if you owe an online loan?

Updated on international 2024-07-16
8 answers
  1. Anonymous users2024-02-12

    Not being able to repay an online loan does not lead to jail time, even if it is an online loan platform.

    If a lawsuit is filed in court because the borrower does not repay the loan, it is also a civil dispute.

    does not involve criminal offences and is therefore not normally punishable by imprisonment.

    However, after the court accepts the judgment, the borrower needs to pay off the arrears in a timely manner, and if the borrower still does not repay the loan after the court judgment, the court may enforce it at that time.

    Of course, the online loan platform will not sue easily, and it is recommended that the borrower pay off the arrears as soon as possible, and if he is really unable to pay it off for a while, he can take the initiative to contact the platform's customer service and try to negotiate a postponement of repayment.

    You can get the big data report of online loans from the platform of "Xiaoqi Xincha", which contains information such as online loan history, overdue details of online loans, debts, information on dishonesty and online loan blacklists.

    Extended Information: Do I Need to Go to Jail for Missing Contact with an Online Loan Expired?

    The dispute that arises after the overdue online loan is a civil dispute, and since it is a civil dispute, it will not involve criminal penalties, and there will be no prison sentence. The solution to civil disputes is to settle them through mutual negotiation, or to sue the court and resolve them through court judgments. If the loan and reverse parties cannot reach a negotiation, they can only go to court, and the borrower can finally repay the loan according to the court's judgment.

    In one case, the overdue online loan will really go to jail, but this is not caused by the online loan itself, but because after the court judgment takes effect, the borrower has the ability to repay but refuses to perform the repayment obligation, which may constitute the crime of refusing to perform the court's ruling, and the circumstances may be criminal liability.

    Equivalent to unqualified. Therefore, a normal borrower generally does not constitute the crime of fraud in the legal sense.

    In general, it is very rare to go to jail because of overdue online loans, and most borrowers overdue online loans are because the interest rate of online loans is too high, and they really have no ability to repay, rather than having money to repay but refusing to repay.

  2. Anonymous users2024-02-11

    Hello, formal loans are linked to personal credit information, when applying for a loan, you should check the credit situation, if there is overdue repayment, it will have a negative impact on personal credit, it is recommended that you take out a loan within your means, repay on time and maintain credit.

    Nowadays, there are so many loan platforms, and if you choose a large platform for loans, you can ensure the security of funds and information, and you can use loans more confidently. It is recommended that you use the credit service brand of Youqianhua and Du Xiaoman Finance (formerly known as Youqianhua, renamed as "Youqianhua" in June 2018), which has the characteristics of simple application, fast lending, flexible borrowing and repayment, transparent interest and fees, and strong security.

    The interest rate is the lowest, and the maximum amount can be 200,000 when you click on the test.

    Share with you the application requirements for money to spend: The application conditions for money to spend are mainly divided into two parts: age requirements and information requirements. 1. Age requirements:

    2. Information requirements: During the application process, you need to provide your second-generation ID card and your debit card. Note:

    The application is only supported by debit card, and the application card is also your borrowing card. My identity information must be the second-generation ID card information, and I cannot use a temporary ID card, an expired ID card, or a first-generation ID card to apply.

  3. Anonymous users2024-02-10

    Running out of money for an online loan will not lead to jail time, because even if you are sued by the loan platform to the court, it is only a civil dispute and does not involve a criminal case, so you will naturally not be sentenced to jail. After the court accepts the judgment, the most time limit is for the customer to pay off the arrears as soon as possible.

    And you need to note that because litigation often takes a lot of time and energy, the loan platform will not easily sue, unless the customer is too long overdue, and the amount of arrears is relatively large, and the payment is not repaid after many reminders, or even unable to contact anyone, the platform is estimated to take legal measures.

    However, some loan platforms themselves are not formal, and they will not sue overdue customers. Most of the notices received by the client about the lawyer's letter are forged to get the client to repay the loan as soon as possible, which is actually a means of dunning.

    Of course, in any case, after finding that the loan is overdue, the customer should find a way to pay off the arrears as soon as possible, if it is found that the platform interest is too high or charges various additional fees, then for the part beyond the reasonable range, the customer can choose not to repay, and can also collect evidence to report to the local CBRC or the Internet Finance Association of China.

  4. Anonymous users2024-02-09

    Online lending disputes are "civil disputes" and do not involve imprisonment if they do not rise to the level of criminal law. If the creditor files a lawsuit with the court and the debtor is ordered to repay the loan, if he refuses to repay if he is able to do so, he may face prison time for the crime of "refusing to execute the judgment or ruling". The crime of refusing to enforce a judgment or ruling refers to the refusal to enforce a judgment or ruling of a people's court where the circumstances are serious.

    The penalty shall be fixed-term imprisonment, short-term detention or a fine.

    Legal basis] Article 313 of the Criminal Law of the People's Republic of China refuses to enforce a judgment or ruling of a people's court where it is necessary to enforce it, 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.

  5. Anonymous users2024-02-08

    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.

  6. Anonymous users2024-02-07

    1. Generally, there is no need to go to jail.

    2. If you can't repay the online loan, it is a civil dispute, not a criminal offense, so you will generally not go to jail.

    3. However, if it involves fraudulent online loans, and the amount reaches a large amount, it may involve the crime of credit card fraud and bear criminal liability.

    2. Will the court accept P2P online loan disputes?

    The P2P online lending model is a new financial model developed with the development of the Internet and the rise of private lending. If the borrower fails to repay the loan within the agreed time after borrowing, the online lending platform, as a creditor, has the right to file a civil lawsuit against the debtor.

    1. Where the parties have agreed on the interest rate, the people's court shall protect the part that shall not exceed four times the interest rate of the same type of bank loan (including the principal amount of the interest rate), and the excess part shall not be protected.

    2. Where the parties only agree on the interest rate during the loan period, but do not agree on the overdue interest rate, and the lender claims the interest on overdue repayment based on the interest rate during the loan period, the people's court shall support it in accordance with law.

    3. Where the parties have not agreed on the interest rate during the loan period or the overdue interest rate, and the lender claims the loss of interest from the date of overdue repayment with reference to the benchmark interest rate of the same type of loan of the People's Bank of China for the same period, the people's court shall support it in accordance with law.

    4. If the debtor requests a return of the part of the interest that the debtor has performed in accordance with the contract in excess of the interest prescribed by law, it will generally not be supported.

    5. Fees collected by P2P platforms in disguised form through service fees, collection fees, etc., as well as the corresponding liquidated damages agreed upon, shall be calculated together with interest and overdue interest, and the people's courts shall not protect the part that exceeds up to four times the interest rate of the same type of bank loan (including the interest rate principal).

  7. Anonymous users2024-02-06

    Whether you will go to jail if you owe an online loan depends on the situation:

    1. Arrears of online loans are mainly civil disputes, so once you encounter the situation of not paying back the money owed, you can go to the court to sue, but generally it will not involve criminal acts and will not go to jail;

    2. If you refuse to carry out the judgment, you may go to jail.

    The process of suing for non-repayment of online loans is as follows:

    1. The plaintiff submitted to the people's court the petition and copy of the lawsuit against the brother and the evidence of Xiangzhou Chenxiaoguan;

    2. The people's court accepts the documents and materials submitted by the plaintiff, and the draft is to be reviewed, and the case is filed if the conditions are met;

    3. The court serves a copy of the plaintiff's complaint on the defendant;

    4. The defendant makes a written defense;

    5. ** trial;

    6. The court makes a judgment.

    How to deal with the inability to repay the online loan, as follows:

    1. If you are temporarily unable to repay your debts, you can negotiate with creditors to repay in installments, postpone repayment or reduce debts;

    2. If the other party does not agree to extend or reduce the debt, and wants to sue the debtor, then after the lawsuit, it is necessary to actively respond to the lawsuit and strive to achieve the purpose of repayment in installments or within a time limit in court. <>

  8. Anonymous users2024-02-05

    Under normal circumstances, you will not go to jail if you don't get an online loan. Because online loans are not civil disputes, not criminal cases. Therefore, even if the online loan is not repaid, the debtor will not go to jail.

    However, if the creditor sues the people's court, the people's court still refuses to perform the judgment after making a judgment. The creditor can apply for enforcement. After enforcement, if the court finds that the debtor has the ability to refuse to perform the judgment, it may constitute the crime of refusing to perform the judgment.

    Article 313 of the Criminal Law of the People's Republic of China [Crime of Refusing to Enforce a Judgment or Ruling] Where a people's court has the ability to enforce a 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.

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