The consequences of not paying the arrears, and what the consequences of the arrears will not be

Updated on society 2024-07-27
5 answers
  1. Anonymous users2024-02-13

    Legal analysis: 1. Overdue fees, including penalty interest and liquidated damages; 2. Affect personal credit records. If the loan company does not have a financial license, the arrears will not be repaid on the credit report, which will not affect your personal credit record, but if you are sued to the court and still refuse to return it, you may be included in the list of dishonest judgment defaulters; 3. If the circumstances are serious, it will constitute a crime and need to bear criminal responsibility in accordance with the law.

    If the parties refuse to perform and maliciously evade the debt, then it will rise to the level of a crime, and criminal responsibility will be investigated for the heinous acts.

    Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: (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.

  2. Anonymous users2024-02-12

    Legal Analysis:1. Late fees, including penalty interest and liquidated damages; 2.

    Affect personal credit history. If the lending business does not have a financial license, the arrears will not be subject to credit investigation and will not affect your personal credit history. However, where the lawsuit is brought to court and still refuses to return, it may be entered into the list of judgment defaulters; 3.

    If the circumstances are serious, it will constitute a crime and need to bear criminal responsibility in accordance with law. Where a party refuses to enforce or maliciously evades debts, it rises to the level of a crime, and criminal responsibility shall be pursued for conduct with heinous circumstances.

    Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: (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 requests, 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 being sued.

  3. Anonymous users2024-02-11

    Legal analysis: If you do not repay the money owed, there will be civil consequences of repaying the principal and interest. If the other party files a lawsuit with the court and obtains a judgment in favour of the court, it may also apply to the court for compulsory enforcement in accordance with the law.

    In addition, if the debtor has the ability to enforce the effective judgment of the court but refuses to do so, and the circumstances are serious, it may constitute the crime of refusing to enforce the judgment and may have to bear criminal liability.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

    Article 236:Parties must perform on legally effective civil judgments or rulings.

    Article 242:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents 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, from the relevant units. 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. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

    Criminal Law of the People's Republic of China" Article 313: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; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

  4. Anonymous users2024-02-10

    If the arrears do not affect their personal reputation, they may face prosecution and enforce their property; There are many ways to resolve arrears disputes, such as negotiation, mediation, arbitration and litigation, and applying for a payment order is one of the effective ways to recover arrears.

    Legal basis] Article 675 of the Civil Code provides that 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 510 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.

  5. Anonymous users2024-02-09

    Consequences of non-payment of personal arrears:

    1. Generate interest and penalty interest;

    2. If the individual fails to repay the arrears, he faces the risk of being taken to court;

    3. If the other party makes a judgment after filing a lawsuit with the court, and still does not repay the loan, it will be enforced in accordance with the law.

    [Legal basis].Article 119 of the Civil Procedure Law of the People's Republic of China.

    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, 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 255.

    Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts may employ or notify relevant units to assist in restricting them from leaving the country, recording and publishing information on their non-performance of obligations in the credit reporting system, and other measures provided for by law.

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