What to do with the money owed outside after being in jail, and what to do with the money owed after

It needs to be repaid. 1. The debtor shall repay the debt by himself: imprisonment is to be investigated for criminal responsibility, and it is not exempt from the bearing of civil liability. After being released from prison, those who are able to repay the debts they owe also need to be repaid;

2. Ask for it from his spouse: In principle, during the marriage, the debts borrowed by one party are regarded as joint debts of the husband and wife, so the spouse shall bear joint and several liabilities for repayment. However, if the debtor's spouse can prove that the money borrowed by the debtor is only used for personal expenses and is not used for the husband and wife to live together, it is deemed to be a personal debt and the spouse is not liable to repay it;

3. For long-term debts that are maliciously not repaid: if the debtor fails to repay the debts, the creditor can only sue the court to force the debtor to repay the debts in a legal way. The parties must perform on legally effective civil judgments and rulings, as well as criminal 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. If one party fails to perform on the award of an arbitration institution established in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement. The people's court receiving the application shall enforce it.

1. What should I do if I don't pay back the money I owe in prison?

Criminal liability and civil liability are different types of liability and are not exempt from civil liability because of criminal liability. You still have to pay back the money after you go to jail.

1. If you are imprisoned for arrears or other reasons, you still need to repay your debts after you are released from prison.

2. Imprisonment is criminal liability, and repayment of debts is civil liability. Civil liability and criminal liability are two different types of legal liability, and they do not affect each other. Imprisonment is criminal liability, not exemption from civil liability.

After being released from prison, those who are able to repay the debts they owe also need to be repaid;

3. The statute of limitations for creditor's rights is two years. If there is evidence (such as an IOU) that he owes you money and the statute of limitations has not expired, you can sue to enforce your rights. It is best to carry out property preservation at the same time as the lawsuit, otherwise the lawsuit will be won and the creditor's rights will not be obtained in time.

1. If the debtor has made an IOU, and the other party repeatedly denies and refuses to repay the arrears after the expiration of the contract, he can directly apply to the court for a payment order with the IOU.

2. If the IOU does not have a clear repayment time, etc., the specific repayment time should be clearly negotiated in writing with the debtor, and if the debtor fails to repay the loan when due, he can file a lawsuit with the court.

3. After the instrument takes effect, apply to the court for compulsory enforcement, and the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law when accepting the compulsory enforcement. If there is property in the name of the person subject to enforcement that can be used for enforcement, the court will seal and seize it. If the debtor has no property in his name that can be used for enforcement and refuses to perform the effective judgment of the court, negative information such as overdue repayment will be added to his personal credit report and included in the list of dishonest persons, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

Please click to enter a description (up to 18 words).

2. The process of non-payment of money owed

1. Collect relevant evidence to prove that the debt is true;

2. Go to the court to file a lawsuit and apply for pre-litigation property preservation;

3. Court prosecution, case filing, trial and judgment;

4. After winning the lawsuit, if the other party does not repay the money within two years of the judgment taking effect, it can file an enforcement lawsuit with the court, if the other party does not execute, in general areas, the bailiff can detain the other party, generally once a year, once for 15 days.

It is best to have a lawyer in the lawsuit, so that the preparation of the evidence chain will be very sufficient, the probability of winning the lawsuit will be relatively large, and the execution of the property will be more in place.

3. Criminal Law of the People's Republic of China

Article 313 stipulates that a person who refuses to enforce a judgment or ruling of a people's court but has the ability to do so, 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.

To sum up, for those who do not repay the money owed, they should collect evidence, and then go to the court to file a lawsuit, and may apply for property preservation before litigation, and those who have the ability to enforce but refuse to do so shall be sentenced to fixed-term imprisonment of not more than three years, or fixed-term imprisonment of not more than seven years.

If the debtor is imprisoned, he can file a lawsuit with the people's court to recover the debt. If the offender is convicted, for example while in a prison cell, and still has the right to normal civil rights, the creditor can negotiate with him or his family to settle the repayment, or he can go to the local court to sue the debtor and force him to repay. If the debt is not paid, the debt may be paid with the consent of the parties or the judgment of the civil court; If the debtor fails to repay the debt, the people's court will make a judgment to compel the payment.

Legal analysis: if the debt is owed after imprisonment, the creditor can file a lawsuit with the court and the court will enforce the debtor's existing property to offset the debt, if it is not enough to pay off the debt, if it is a joint debt of the husband and wife, it can be repaid by its spouse, and if it does not belong to or does not have a spouse, the debtor will continue to repay the remaining debts after he is released from prison and has economic income.

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

Article 1089:When divorce is pure, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1064:Debts incurred by both husband and wife as a joint signature or by one of the husband and wife as a result of a joint expression of intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife. The debts incurred by one of the spouses in his or her own name during the marriage in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Summary. Hello dear. I understand your feelings very well.

Debts still have to be paid after being imprisoned. If the debtor is temporarily unable to repay, it may apply to the creditor for an extension or installment; If the creditor does not agree, the debtor needs to repay the original term and method; If the debtor fails to repay within the time limit, the creditor may demand repayment through legal means such as negotiation and litigation. <>

Hello to Changkai. I understand your feelings very well. Debts still have to be paid after being imprisoned.

If the debtor is temporarily unable to repay, it may apply to the creditor for an extension or installment; If the creditor does not agree, the debtor needs to repay the original term and method; If the debtor fails to repay within the time limit, the creditor can demand repayment through legal methods such as group negotiation and litigation. <>

According to Article 676 of the Civil Code of the People's Republic of China, if the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant national regulations. Article 678 of the Civil Code of the People's Republic of China 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. Article 120 of the "Civil Procedure Law of the People's Republic of China" A lawsuit shall be submitted to the people's court with a complaint and a copy shall be submitted in accordance with the number of defendants.

Article 236 of the Civil Procedure Law of the People's Republic of China: 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. Article 244 of the "Civil Procedure Law of the People's Republic of China" 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.

Even if you go to jail, you still have to pay off the debts you owe.

Imprisonment is a criminal liability, while the debt owed is a civil liability, so imprisonment does not exempt the debtor from the assumption of the debt, which is analyzed as follows:

1. From the creditor's point of view, the creditor can negotiate and sue for the debt

a) Consultation. 1.may meet with the debtor upon application and negotiate with the debtor; 2.

The debtor's spouse may be consulted because debts borrowed by one of the spouses during the marriage are considered joint debts of the husband and wife, and the spouse is jointly and severally liable for the discharge. However, if the debtor's spouse can prove that the money borrowed by the debtor is only used for personal expenses and is not used for the husband and wife to live together, it is deemed to be a personal debt, and the spouse is not responsible for repayment.

2) Litigation. The creditor may choose to apply to the people's court for a lawsuit and request the court to order the debtor to pay off the debt.

In cases where the debtor is unable to participate in the proceedings due to imprisonment, the statute of limitations is suspended.

2. From the debtor's point of view, the debtor may repay the debt in installments with the consent of the creditor or the ruling of the people's court.

Civil liability refers to the adverse consequences that a civil entity shall bear in accordance with law if it fails to perform or does not fully perform its civil obligations. Criminal responsibility refers to the legal responsibility that should be borne by criminal acts, and the two criminal responsibilities of the principal penalty and the supplementary penalty include pursuing their legal responsibility in accordance with the provisions of the criminal law. Therefore, civil liability is different from criminal liability.

The lawyer said: if the debtor can participate in the litigation while in prison, the people's court at the place where the plaintiff is domiciled has jurisdiction; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction. Legal basis:

Article 15 and 13 of the Civil Procedure Law of the People's Republic of China stipulates that litigation shall be suspended in any of the following circumstances:

1) Where one of the parties dies and it is necessary to wait for the heirs to indicate whether or not to participate in the litigation;

2) One party has lost the capacity for litigation and has not yet determined the legally-prescribed person;

3) The legal person or other organization to which it is a party is terminated, and the successor of rights and obligations has not yet been determined;

4) One party is unable to participate in the litigation due to reasons of force majeure;

5) The case must be based on the outcome of another case, and the other case has not yet been concluded;

6) Other circumstances where litigation shall be suspended.

After the reasons for the suspension of the proceedings have been eliminated, the proceedings shall be resumed.

Article 23 of the Civil Procedure Law of the People's Republic of China stipulates that the following civil lawsuits shall be under the jurisdiction of the people's court at the place where the plaintiff is domiciled; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction.

1) Litigation concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China;

2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing;

3) Litigation against persons subject to compulsory educational measures;

4) Proceedings against incarcerated persons.