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As long as there is no fraud involved, there will be no jail time.
The arrears are civil disputes, and if they are not repaid within the time limit, they may be included in the list of dishonesty, which will affect their daily life in the future, and even affect their children's education, joining the army, joining the party, and taking the examination, so it is better to pay it off as soon as possible. Jail time is a criminal punishment.
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Online loans will not be prosecuted, but generally will not go to jail.
Online lending is a private loan, and the accident is a civil dispute, which is not a criminal case, so it is generally not a prison sentence. Some large and deliberately long overdue cases may be prosecuted. If the lender wins the case, the court will force you to mortgage the repayment through an RV, deposit, etc.
If the lender does not have these properties, the court will restrict the borrower's high consumption, living needs and entry and exit, etc., if the borrower insists on being a cheater and does not repay the money, then the court will investigate his criminal responsibility, that is to say, he will go to jail, but ordinary people can't go this way.
If the online loan is not repaid, it will lead to a bad personal credit record, which will affect your future loan application, and after the online loan institution is overdue, the staff of the institution will also collect on you, which will be collected through ** and text messages, affecting your personal life. If the amount owed is large and the arrears are serious, the platform can resolve it through legal means. At the same time, during the overdue period, there will be a high penalty interest, which will cause you a burden.
If borrowers want to know their credit situation, they can use WeChat to understand their online loan usage, including details such as comprehensive scores, application records, and personal online loan big data, and find this applet. If the big data is already messed up, it should be corrected in time to avoid a major impact on personal credit.
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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.
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.
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1. If the online loan is overdue, you will generally not be prosecuted and imprisoned.
2. The overdue online loan is a civil economic dispute of private lending, which does not involve a criminal offense and will not be sentenced to prison.
3. If it is overdue for more than three months and still fails to repay after being collected by credit institutions, it may be suspected of credit card fraud, violating Item 4 of Article 196 of the Criminal Law, and there is a criminal legal risk of imprisonment.
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Legal analysis: Generally speaking, owing money does not constitute a crime, and the same is true for online loans, but if you fabricate facts when borrowing money, there is no intention to repay the money, it may constitute the crime of fraud, and 3,000 yuan is the starting point of sentencing.
Legal basis: Criminal Law of the People's Republic of China
Article 193: The crime of loan fraud refers to the use of fabricating false reasons for the introduction of funds or projects, using false economic contracts, using false supporting documents, using false property rights certificates as guarantees, repeatedly guaranteeing loans in excess of the value of collateral, or using other methods to defraud banks or other financial institutions of loans or relatively large amounts for the purpose of illegal possession. Loan fraud is a type of financial crime.
Article 266:The crime of fraud refers to the use of fabricated facts or methods to conceal the truth to defraud a relatively large amount of public or private property for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal benefits. Loans from financial institutions should also be excluded.
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Generally, online loan arrears are civil lending behaviors and will not constitute a crime. If there is a fraudulent nature, and the amount of fraud is more than 3,000 yuan, it will be suspected of fraud, and the public security organ will investigate criminal responsibility in accordance with the law. where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.
What are the consequences of overdue online loans and credit cards:
1. The parties need to pay the interest during the overdue period;
2. The parties may have bad credit records;
3. If the party is overdue for too long, it may be filed by a bank or other financial institution to demand repayment.
[Legal basis].: Article 266 of the Criminal Law of the People's Republic of China.
Fraud] Fraud of public or private property, where the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.
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Summary. Hello dear <>
We'll be happy to answer for you. <>
If you can't afford to pay back the money you owe to an online loan, you generally don't need to go to jail. The inability to repay the money owed is a civil dispute and is generally not subject to criminal liability. However, if the borrower refuses to enforce the judgment or has the ability to repay the judgment after the judgment of the court, which constitutes the crime of refusing to execute the judgment or ruling, the borrower may be investigated for criminal liability, and the borrower will be imprisoned if the circumstances are too serious.
1. The crime of refusing to enforce a judgment or ruling refers to conduct that refuses to enforce a judgment or ruling of a people's court where it is necessary to enforce it, and the circumstances are serious. II. Sentencing standards for the crime of refusing to enforce a judgment or ruling: 1. 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.
2. where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. 3. If a unit commits this crime, the unit shall be fined, and the person in charge and other persons directly responsible shall be punished in accordance with the above provisions.
Can you go to jail if you owe an online loan?
Hello dear <>
We'll be happy to answer for you. <>
If you can't afford to pay back the money you owe to an online loan, you generally don't need to go to jail. The inability to repay the money owed is a dispute between the People's Bank of China and generally does not need to bear criminal liability. However, if the borrower refuses to enforce the judgment or has the ability to repay the judgment after the judgment of the court, which constitutes the crime of refusing to execute the judgment or ruling, the borrower may be investigated for criminal liability, and the borrower will be imprisoned if the circumstances are too serious.
1. The crime of refusing to enforce a judgment or ruling refers to conduct that refuses to enforce a judgment or ruling of a people's court where it is necessary to enforce it, and the circumstances are serious. II. Sentencing standards for the crime of refusing to enforce a judgment or ruling: 1. 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.
2. where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. 3. If the unit commits this crime, the unit shall be fined, and the person in charge and other directly responsible personnel shall be punished in accordance with the above provisions.
Legal basis]: Article 313 of the Criminal Law of the People's Republic of China, where a people's court's judgment or radical reform 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 Jin Mingchang, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Are you owed money for an online loan and have you been sued for overdue?
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Summary. Interest = Borrowing amount * Borrowing term * Interest rate. Among them, the interest rate of online loans is limited, and the maximum annual interest rate cannot exceed 36%.
Hello, I have seen your question and am sorting out the answer, please wait a while Hello I would like to ask about the online loan. What is the legal annual interest rate?
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 debt, Li Qi refuses to repay the loan when he is able to repay the debt, and he may face prison for the crime of "refusing to execute the judgment or ruling".
Hello, I would like to ask about online loans. What is the legal annual interest rate?
Interest = Borrowing amount * Borrowing term * Interest rate. Among them, the interest rate of online loans is limited, and the maximum annual interest rate cannot exceed 36%.
Does it contain 36 percent?
No more than that.
Contain. I had a credit of 46,000 in 19 years
In 54 installments. Is it legal to pay more than 47000.
For loan sharks, you can go to court and apply for the extra interest not to be repaid.
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What are the consequences of overdue online loans?
1. Penalty interest and liquidated damagesIf the loan is not repaid, then the first thing to encounter is high interest and corresponding liquidated damages, if you don't want to let yourself fall into the quagmire of Lavitan loan, it is best to develop good repayment habits.
2. Credit will be damaged, whether it is borrowed from the bank or money from the online loan platform, if there is a phenomenon of overdue repayment, then it will be much more difficult to apply for a credit card or loan in the future. Some people think that the overdue repayment of online loans has no impact on their credit reporting. In fact, this idea is wrong, at this stage, there is a system of interconnection and encryption between the online loan platform and the central bank, and there will also be a shared "blacklist" system in the online loan platform, which can check your credit in minutes.
3. If the circumstances are serious, many people are very concerned about whether they will go to jail if they do not repay the online loan. Usually such incidents as non-repayment of borrowed money are civil disputes and do not rise to the level of criminal law. However, if the borrower refuses to enforce the law or has the ability to repay the loan, and insists on being a cheater, then the court can pursue the criminal liability of the borrower, and the circumstances are too serious, and the sentence will be imprisoned.
Nowadays, there is a big difference between online loan platforms and traditional financial institutions and banking institutions. It has brought a faster, more convenient, safer and high-yield investment and financial management model, and opened a new round of investment and financial management storm. And it has characteristics that banking institutions and financial companies cannot match.
With the rapid development of the Internet in the past two years, we can see that online lending platforms have penetrated into different groups, and people have gradually realized the importance of investment and financial management, and have kept up with the pace of the times and joined such a queue. At this stage, the online loan model does have its own advantages and greater convenience, which can provide certain help to many groups that cannot be covered by the banking system, and provide a reliable service while bringing convenience to everyone. Through the above brief introduction, we can find that the consequences of not repaying the online loan are actually very serious, so every friend should measure their ability before taking out an online loan, and see if they can repay on time in the later stage.
Article 266 of the Criminal Law [Crime of Fraud] Where the amount of public or private property is defrauded, and the amount is relatively large, a sentence of up to three rounds of fixed-term imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions. There are multiple lending platforms, and these platforms are generally not interoperable, so after the civil subject borrows on a **, if it is overdue, it can borrow through other platforms.
However, if the loan is not repaid, it will cause the civil entity to repay a high amount of liquidated damages.
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If you owe an online loan, you can go to jail. It also needs to be judged according to the severity of the circumstances. On the surface, the online lending platform is a private loan, and the user has not repaid the arrears, which is just an ordinary civil dispute and has not risen to the level of a criminal offense.
However, the online lending platform sued the overdue user to the court, and the court was under the judgment. In this case, the crime of refusing to carry out the judgment of the court may be constituted, and therefore, criminal liability may be incurred, and there will be a situation of imprisonment.
Legal basis] 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.
Not being able to repay an online loan does not lead to jail time, even if it is an online loan platform. >>>More
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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. >>>More
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. >>>More