How long will you be sentenced if you owe 40,000 to the bank? Will you be sentenced if you owe more

The money owed to the bank is a civil dispute and will not be sentenced, but the bank sues through the court and requires you to return the principal and interest, if you refuse to return it, then he can apply to the court to enforce it, freeze all your assets, and put you on the blacklist, you are not allowed to enter high-consumption places can not take bullet trains and high-speed rail, children can not study in some private schools, etc.

If you just owe a bank loan, you will not be sentenced for this.

There will be no sentence, and there will be no question of "how long".

The most basic legal common sense is that civil debts do not lead to criminal liability.

As long as there is no criminal offense such as loan fraud, and the loan is simply repaid, it will not bear criminal responsibility.

There is no sentence for arrears disputes, unless you are a bank fraud, which will result in jail time. However, if the bank files a lawsuit with the court, and the court still fails to repay the loan after the court decides, the bank will also apply for enforcement, and the result of enforcement may be more troublesome than jail time.

Hello, this amount should not be sentenced, only the possibility of being prosecuted by the court!

If there is no purpose of illegal possession, it is generally a civil dispute and is not handled as a crime.

If a crime is constituted, the penalty depends on the specific crime committed.

Will you be sentenced if you owe more than 40,000 yuan? Will the arrears of more than 40,000 yuan be sentenced, and the arrears are not repaid, which is an ordinary civil dispute and will not be sentenced. The creditor may file a civil lawsuit with the people's court to demand that the other party repay the arrears.

When filing a complaint, you need to prepare: a civil complaint, a copy of the other party's ID card, a list of evidence and evidentiary materials (i.e., evidence of the other party's arrears). After the people's court receives the prosecution materials, it will decide whether to accept or file the case within seven days.

If it is inadmissible, a ruling will be made; If they are not satisfied with the ruling, they may file an appeal. After the case is accepted, a time will be arranged for the trial. Where the ordinary procedures are applied, the people's court will conclude the trial within six months from the date on which the case is filed, and where there are special circumstances, it may be extended upon approval, and will issue a notice of postponement of trial.

At the conclusion of the trial, the people's court will make a judgment in accordance with law and issue a civil judgment; The verdict will state the verdict and the reasons for the verdict. If the parties are not satisfied with the judgment, they may appeal to the people's court at the level above within 15 days of receiving the judgment. Legal basis:

Article 23 of the Civil Procedure Law provides that a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed. Article 34: Parties to a contract or other property rights and interests dispute may agree in writing to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, and other places that have an actual connection with the dispute, but must not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction. Article 123:People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions.

Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal. Article 149:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case.

Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval. Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Do you understand this explanation?

Legal analysis: Under normal circumstances, it is not a crime to owe money and will not be sentenced. The creditor can only file a civil lawsuit with the court to demand the repayment of the money.

Legal basis: Civil Code of the People's Republic of China Article 671 If the lender fails to provide the 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 date and amount agreed upon by the town, it shall pay interest on the agreed date and amount.

Legal analysis: 1. If you only owe money, it is a civil dispute and you will not go to jail.

2. The bank sues the court and wins the lawsuit, if the court judgment is not fulfilled within the performance period, the bank can apply to the court for compulsory enforcement.

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

4. If there is no property in the name that can be enforced and the court 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.

5. In cases where there is the ability to refuse to enforce the judgment, it is suspected of the crime of refusing to enforce the judgment or ruling.

Legal basis: Article 242 of the Civil Procedure Law of the People's Republic of China: If the person subject to enforcement fails to perform the obligations set forth in the legal document 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.

The People's Law Xun Stupid Court shall not inquire about, seize, freeze, transfer, or sell assets beyond the scope of the person subject to enforcement shall perform the obligation to accompany the people. 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.

If you only owe money, it is a civil dispute and you will not go to jail. However, if the bank sues, after the court makes a judgment, it is suspected of the crime of refusing to enforce the judgment or ruling if it has the ability to do so. Article 313 of the Criminal Law provides that a person who refuses to enforce a judgment or ruling of a people's court if he has the ability to enforce it, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, 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.

Article 313 of the Criminal Law: Where a people's court's judgment or ruling is capable of being enforced 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.

Tens of millions owed to the bank are only civil disputes, and they will not be held criminally liable and imprisoned. If the party fails to perform the court judgment within the performance period after the bank has won the lawsuit, the bank may apply to the court for enforcement. When the court accepts the compulsory enforcement, it will delay the inquiry of the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law; In addition, if the debtor has no property available for enforcement and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report, and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

In the case of having the ability to refuse to carry out the imitation of the world, it is suspected of the crime of refusing to carry out the judgment or ruling.

Legal basis:Article 313 of the Criminal Law.

Where a people's court has the capacity 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.