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Legal analysis: Whether you will go to jail if the online loan is overdue depends on the specific situation. If the online loan is overdue, it will be collected at the beginning.
If the borrower refuses to return the loan after repeated collections, the other party will generally file a lawsuit with the court; If the borrower is truly unable to repay, it will generally not be seized; However, where they refuse to repay the judgment or ruling, the people's court may impose a fine or detention on the basis of the severity of the circumstances.
Legal basis: Article 313 of the Criminal Law of the People's Republic of China, where a people's court refuses to enforce a judgment or ruling that the people's court has the ability to enforce, and the circumstances are serious, is to be sentenced to up to three years imprisonment, 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. 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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Friends who have overdue online loans should not worry about jail time, but don't leave anything to chance, after all, it is unreasonable to not repay the debt, and it will also affect your personal credit. Therefore, if you don't want your good life to be ruined by collection, then your determination to go ashore cannot be shaken by collection.
First, if the collection is overdue, will it be filed by the police station? The loan is a civil dispute, and the police station is not responsible for it. Civil disputes are generally resolved through negotiation, and the police station and public security bureau are responsible for criminal cases and public security issues, and they will not care about you who owe an online loan, as long as there is no physical conflict, the reporter will not accept it, let alone file a case.
Second, collect and receive the online version of the "court summons". A subpoena can only be issued by the court, and it must be paper.
Third, because there are only two ways to go to jail for owing money, that is, refusing to enforce the court judgment and maliciously defrauding the loan.
Extended Information: Causing serious overdue will face:
1. Bear high overdue fees.
For overdue fees, different online lending platforms have different names and different charging standards. Whether it's called overdue penalty interest, overdue management or other various names, the fees are very high. Therefore, if you have the ability to repay the loan on time, you should never overdue.
2. Bear the fancy collection of the platform.
Collection is generally divided into three stages: the first stage, just a few days overdue, the platform customer service mm softly and warmly reminds, telling you that you have been overdue, please repay on time; In the second stage, if it is overdue for a long time, the platform's customer service will seriously warn that it will face serious consequences if it is overdue; In the third stage, after a long time of overdue, the platform no longer persuades each other and begins to take practical action.
There are many kinds of practical actions, such as: the platform pushes your arrears information to your relatives and friends, so that you lose face in the circle of friends; The platform arranges special collection personnel to collect door-to-door, face-to-face communication and accounting. Of course, these are still relatively mild.
Some platforms outsource the collection and collect it by a specialized collection company, and the collection company that broke out some time ago is "violent collection", and I believe that borrowers are unwilling to encounter it.
3. The People's Bank of China's credit investigation is stained.
At present, most online lending platforms have not yet been connected to the credit information system of the People's Bank of China, but access to the credit information of the People's Bank of China has become an inevitable trend. In the future, if the online loan platform fails to repay the loan overdue, it will be recorded in the credit information system of the People's Bank of China in the same way as bank loans and credit card overdue, resulting in credit stains. If the previous consequences are just disgrace, then the stain on the credit will affect the actual life, if you want to buy a house, you can't get a loan, you can't get a mortgage if you want to buy a car, and so on.
4. The defendant goes to court.
After the loan is overdue for a long time or deliberately not repaid, and the amount exceeds 2021, it can already constitute a crime of fraud and is in danger of being sued by the online loan platform in court. Once the court rules in favor of the online lending platform, the borrower will have to pay the litigation costs and huge fines of both parties in addition to the amount that needs to be repaid, and even face jail time.
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Overdue online loans do not lead to jail time, and even if the online lending platform files a lawsuit with the court because the borrower does not repay the loan, it is still a civil dispute and does not involve criminal law, so it will not usually be sentenced to prison.
However, after the court accepts the judgment, the borrower needs to pay off the arrears in a timely manner, and if the loan is still not repaid after the court judgment, Fa Liangye or 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.
Nowadays, there are many online loan big data systems that can provide online loan record query. In "Four Joy Data", you can query important data information such as online loan application records, application platform type, whether it is overdue, overdue amount, and estimated credit limit of credit card and online loan.
Extended Information: How to Normalize a Lack of Comprehensive Credit Score?
There is no exact recovery time.
The comprehensive score is a score given by the system according to the credit qualification of the lender, and if the credit qualification is average or poor, then the comprehensive score will be insufficient.
At this time, you can resubmit the loan information, and the system will re-evaluate. Or maintain a good credit status during this time and wait for the system to update automatically. The timing of the system reassessment is not fixed, so there is no exact recovery time for insufficient composite scores.
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