Can you go to jail if you owe money and can t pay it, and if you can t pay your debts, you can go to

Legal analysis: If you owe money and can't afford it, you won't go to jail. If you owe money and are unable to do so, you still need to bear civil liability, and imprisonment is a criminal punishment, and you don't have to bear criminal punishment if you owe money and can't afford it.

Creditors who owe money and are unable to repay it may apply to the people's court for property preservation, payment order, or file a lawsuit, and may also apply for compulsory enforcement after winning the lawsuit.

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.

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. 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 don't pay back the money you owe, you will generally not go to jail, and you will only go to jail if you owe money for a criminal offense, and if you owe money to a private loan, it is a civil case, so you will generally not go to jail.

However, in the following cases, criminal liability may be incurred, and punishment may be imposed in accordance with the law depending on the severity of the circumstances, and in serious cases, imprisonment may be imposed

1. According to article 313 of the Criminal Law: Where a people's court's judgment or ruling is capable of being implemented 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.

2. Article 111 of the Civil Procedure Law of the People's Republic of China: Where litigation participants or other persons commit any of the following acts, the people's court may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: concealing, transferring, selling, or destroying property that has been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.

Methods of debt recovery

1. Use administrative intervention to assist in debt collection.

The so-called use of administrative intervention to help realize debt collection means that in the process of debt collection, the creditor has obtained the sympathy and support of the debtor's higher-level competent department through its own hard work, and through the debtor's higher-level leading organ, the debtor has been explained and educated to persuade the debtor to perform the debt as soon as possible.

Creditors need to be reminded that the scope of the means by which a debt collector requests the debtor's superior authority to help the debtor achieve the purpose of debt collection is limited, because the debtor's competent authority does not have any coercive measures on whether the debtor has fulfilled its obligations, that is, the competent authority has no power to order or adjudicate that the debtor must perform its debts. Therefore, the use of administrative intervention to collect debts can only be used as an auxiliary means to other debt collection methods for debt collectors.

2. Filing a lawsuit with the court.

If you really don't want to come back, and the amount of money borrowed is also large, it is recommended to file a lawsuit with the court and realize your claims with the help of the power of the law. But there is one problem in order to win the lawsuit, and that is evidence. If you have an IOU or contract, you can think of other methods, such as audio recordings, text messages, chat records, etc., which can be used as strong evidence.

The collection of evidence in the absence of an IOU should be timed. You can quietly bring a tape recorder or other recording device with you to a friend, ask him to pay him back, and then record your conversation. Or when the voice chat is naturally leading, the fact that the borrowing money is recorded in the recording device is a good proof.

Similar to audio recordings, the collection of text messages and chat records is the use of electronic devices to record the fact of borrowing money and use it as evidence for the judge's reference.

It should be reminded that the collection of evidence must be lawful, and all evidence collected by violating the provisions of the law or infringing on the legitimate rights and interests of others is flawed and insufficient probative force. Therefore, it is necessary to be careful and cautious in the process of collecting evidence, and it is best to consult a lawyer first and collect evidence according to the lawyer's advice.

Legal Analysis: If you are unable to repay your debts, you should generally not go to jail. However, the creditor may file a lawsuit with the court to protect its rights in accordance with the law, and if the creditor wins the lawsuit and the debtor refuses to perform the obligations stipulated in the effective judgment, the creditor may apply to the court for compulsory enforcement.

Legal basis: Civil Code of the People's Republic of China

Article 676: Where a 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.

Article 678 The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period; If the lender agrees, it can be extended.

Civil Procedure Law of the People's Republic of China

Article 97: Where an agreement is reached through mediation, the people's court shall draft a mediation document.

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. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

Article 244: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 seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.

Failure to repay money does not necessarily result in a prison sentence, because arrears are civil disputes. Temporary insolvency, which is repaid by the debtor in installments. If the effective legal documents are not fulfilled in a timely manner after being prosecuted, the court will impose judicial detention on the debtor, but will not sentence the debtor; Only when they have the ability but refuse to enforce the judgment is suspected of the crime of refusing to enforce the judgment or ruling.

Article 236 of the Civil Procedure Law stipulates that the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Legal Analysis: The inability to repay the money owed is a civil dispute and usually does not go to jail. However, if the borrower refuses to execute the judgment and refuses to execute the judgment after the court judgment, he is suspected of the crime of refusing to execute the judgment or ruling, and needs to be cleared and bear the corresponding criminal liability.

Legal basis: "Criminal Law of the People's Republic of China" Article 313: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 persons are to be punished in accordance with the provisions of the preceding paragraph.

If the borrower fails to repay the money on time, he will not go to jail, because the arrears dispute is a civil dispute, and the parties will not bear criminal liability, but if the borrower fails to repay the loan on time, it needs to pay a certain amount of overdue interest according to the agreement or relevant national regulations and bear the corresponding liability for breach of contract.

Legal basis] 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.

Article 678.

The borrower can apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.

Article 667.

A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.

Where the parties have no ability to repay, they are not to be detained. However, where a people's court's judgment or ruling can be enforced, and where enforcement is refused, a fine or detention may be imposed on the basis of the circumstances. If you don't owe money, you won't go to jail.

You will only go to jail if you have committed a criminal offence. The debt is a private loan, a civil case, so you won't go to jail. In specific cases, if the loan is a fraud, it may also be subject to criminal liability in accordance with the provisions of the criminal law.

However, under normal circumstances, arrears are not civil disputes. Debts do not belong to private lending disputes, but fall within the scope of civil law adjustment. It does not involve criminal law, nor does it entail criminal liability, let alone imprisonment.

1. What kind of case is a credit card dispute case?

Credit card dispute cases are generally civil disputes and will not go to jail, but if the court rules that you have the ability to perform the debt, but refuses to do so, the court can impose a fine or detention according to the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law. If the debt is not repaid within the prescribed period, the interest on the debt for the period of delay will need to be doubled, which will increase the amount of the repayment.

2. Will you go to jail for creditor's rights and debts disputes?

Creditor's rights and debts disputes are civil disputes, which generally do not involve imprisonment and do not involve criminal penalties.

If the debtor fails to repay the money owed, and the creditor files a lawsuit with the court and wins, if the debtor refuses to perform the court judgment, the creditor may apply to the court for compulsory enforcement, and the court may impose a fine or detention according to the severity of the circumstances.

The law is not child's play, and the parties must perform on legally effective civil judgments and rulings.

Where there is the ability to perform but refuses to enforce the judgments, rulings, mediation documents, or payment orders issued by the people's courts, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 412 of the Civil Code of the People's Republic of China Where the debtor fails to perform the debts due or the parties agree to realize the mortgage right, resulting in the mortgaged property being seized by the people's court in accordance with law, the mortgagee shall have the right to receive the natural fruits or legal fruits of the mortgaged property from the date of seizure, except where the mortgagee fails to notify the person obligated to repay the statutory fruits.

Generally, you will not go to jail, because the arrears are civil disputes, and civil disputes are generally not imprisoned and bear criminal liability. Unless the creditor goes to the court to sue the debtor, and the court orders the debtor to pay the arrears as scheduled, and the debtor fails to perform the effective judgment, the creditor may apply for compulsory enforcement, and be punished according to the law according to the severity of the circumstances, or will be imprisoned in serious cases.

1. How long does it take for Ping An Pratt & Whitney to disburse a loan of 200,000 yuan?

Ping An Pratt & Whitney will not go to jail for a loan of 200,000 yuan, and if the loan of 200,000 yuan is not repaid, it is a civil dispute and will not be investigated for criminal liability. If the debtor fails to perform the court judgment within the performance period, the creditor may apply to the court for compulsory enforcement. If the debtor has the ability to repay but refuses to repay, it may constitute the crime of refusing to execute the judgment and ruling, and needs to bear criminal liability.

2. Will the guarantor go to jail if he sues?

Guarantors who are prosecuted generally do not go to jail. When the debtor fails to perform its debts when due, the creditor can sue the debtor and the guarantor at the same time, and the guarantor bears civil liability in civil litigation and will not go to jail because of being sued. However, if the guarantor refuses to enforce the judgment or ruling of the people's court but has the ability to enforce it, the circumstances may constitute Article 313 of the Criminal Law [the crime of refusing to enforce the judgment or ruling], and if this crime is constituted, the guarantor will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine if the circumstances are serious; If the circumstances are especially serious, they will face the criminal punishment of fixed-term imprisonment of not less than three years but not more than seven years and a fine.

3. Arrears in civil litigation.

There is no need to go to jail for arrears, it is a civil dispute. The arrears are civil loan disputes and do not constitute a criminal offence and will not be sentenced for it. However, if the creditor files a civil lawsuit, and after a court judgment, if he has the ability to repay but fails to execute during the execution, he will be detained; The circumstances are serious, and they constitute the crime of refusing to carry out the court's judgment, and they are investigated for criminal responsibility.

Code of Civil Procedure

Article 5 Li Yuyu 118 stipulates that if the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's court, in addition to punishing the person subject to enforcement, may also include him in the list of judgment defaulters based on the circumstances, and report information on the person subject to enforcement's failure or incomplete performance of obligations to his unit, credit reporting agencies, and other relevant institutions.