The judgment of arrears has come down, what are the consequences of not paying back?

If the judgment is still not repaid, the winning party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law.

Legal analysis

If a party refuses to perform after a judgment takes effect, the plaintiff may apply to the court for enforcement. Enforcement is an important way of judicial remedy, and judgments without coercive protection are just a piece of waste paper, and the authority of the judiciary cannot be reflected, and it is the legitimate right of citizens to apply to the court for compulsory enforcement, which must be accepted and enforced by the court. If, after the judgment takes effect, there is the ability to enforce but refuses to enforce it, it may constitute a criminal offense.

According to the relevanceLaws and Regulations

It stipulates that a person who refuses to enforce a judgment or ruling of a people's court that 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. If the effective judgment is refused, the person subject to enforcement will also be included in the credit file as a judgment defaulter, and provided to financial institutions and other units in the form of credit reports, for relevant units to carry out credit punishments in areas such as loan dishonesty, procurement, bidding and bidding, administrative approval, support, financing and credit, market access, and qualification determination. This means that the person subject to enforcement will not be able to apply for loans, participate in bidding, apply for funds, etc., and will be greatly restricted in life and work.

Legal basis

Civil Procedure Law of the People's Republic of China

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. 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.

Article 241:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report on their current and property situation in the year prior to receiving the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

The court decision has been issued, but now there is a real financial problem, and the repayment cannot be made according to the court decision, and there is nothing in the name, what is the worst outcome of this situation?

If the defendant fails to repay the loan in a lump sum, the plaintiff in the judgment can apply to the court for enforcement. Then, the case enters the enforcement stage.

What are the measures in enforcement?

In the process of enforcement, the court may freeze the property in the name of the person subject to enforcement, and then enforce it to the applicant. At present, banks generally have a network system with the court's executive bureau, so if there is money in the bank card in the name of the person subject to enforcement, the enforcement judge will find out and freeze it.

In the process of enforcement, there will also be measures to be included in the list of dishonest judgment defaulters and the list of restricting high consumption. If you limit high consumption, you can't buy plane tickets, train soft sleepers, and high-speed rail tickets.

These restrictions will be lifted upon the completion of the debt.

What is the worst outcome of enforcement?

In enforcement, the worst-case scenario is judicial detention.

However, there is no need to worry about normal circumstances, judicial detention is only possible when the situation is particularly bad, the money is deliberately not returned, and the property is transferred maliciously. If the person subject to enforcement is indeed unable to repay the loan, he will not be judicially detained.

Just because the verdict has come down, it can only mean that one party has lost the case.

There will be no consequences.

However, if the losing party is the debtor, and the repayment time specified in the judgment has passed, and the debtor does not appeal, then the creditor can directly apply for enforcement.

At this time, it will have an impact on the debtor, such as sealing, deducting, freezing or even auctioning off the debtor's assets, listing as a dishonest person, limiting the height, and if it refuses to repay, it will be detained, and if it is serious, it will be suspected of refusing to execute and be sentenced.

Enforce and pull into the integrity blacklist.

The plaintiff can apply to the court for enforcement, and the court will pull the defendant into the integrity blacklist and publish it in the process of law enforcement, so that the world is more cautious in dealing with the defendant.

Those who are blacklisted will be affected in terms of travel, consumption, and children's education and employment.

Enforcement, freezing of personal assets, auctions! What's more, the bailiffs arrested!

After the judgment takes effect, if the other party does not repay the money, it may apply to the court for compulsory enforcement.

To apply for enforcement, the following documents and certificates shall be submitted to the people's court:

1. Apply for execution. The application for enforcement shall indicate the basic information of the applicant and the person subject to enforcement, the request for enforcement, the facts and reasons for applying for enforcement;

2. Copies of effective legal documents; Generally, the judgment of the first instance will take effect if no appeal is filed within 15 days after it is served.

3. The identity certificate of the person applying for execution.

Applied by an individual citizen; Resident ID cards, household registration booklets, and identity certificates of public security organs shall be presented;

applied by a legal person; A copy of the business license of the legal person and the identity certificate of the legal representative shall be submitted;

4. If the heir or the successor of the right applies for enforcement, the supporting documents of the inheritance or inheritance of the right shall be submitted;

5. Other documents or certificates that should be submitted.

If the fruit is refused to perform after the court judgment takes effect, it needs to bear the corresponding legal consequences.

1. After the plaintiff files a lawsuit, he or she shall actively respond to the lawsuit and strive for a judgment favorable to him;

2. If the court judgment is unfavorable to oneself, perform it as soon as possible if there is the ability to perform;

3. After the court judgment takes effect, the plaintiff may apply to the court for compulsory enforcement, and the court will seal and freeze the property of the person subject to enforcement in accordance with the law.

Legal analysis: After the court judgment is made, if the debtor Lu Shan still does not accompany Hu to repay the debt in a timely manner, the creditor may apply to the court to enforce the property in the debtor's name. If 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 withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations.

However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained

Legal basis: Article 219 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 withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained

When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement belongs, banks, credit cooperatives, and other units with savings operations.

The consequences of the court's decision that the money owed is not repaid are as follows:

1. If the repayment is not made by the date of repayment, if the corresponding liability for breach of contract is stipulated in the IOU, the final debtor may have to bear the liquidated damages other than the principal and interest;

2. If the creditor sues the court and the judgment makes you still not repay, it may affect the debtor's credit and be included in the "blacklist". This will cause inconvenience to the debtor's future life such as loans, travel, etc.

3. Simple private lending generally does not meet criminal liability, but if the debtor uses fictitious facts or conceals the truth for the purpose of illegal possession, the debtor defrauds a large amount of public and private property with a large amount of money, which may constitute the crime of fraud and be investigated for criminal liability. The basic structure of the crime is that the perpetrator commits fraud for the purpose of illegal ownership, the victim has a misunderstanding, the victim disposes of the property based on the misunderstanding, the perpetrator obtains the property, and the victim suffers property losses.

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

Article 238:Where, during enforcement, the person subject to enforcement provides a guarantee to the people's court, and with the consent of the person applying for enforcement, the people's court may decide on a suspension of enforcement and the period for suspending enforcement. If the person subject to enforcement still fails to perform within the time limit, the people's court has the right to enforce the property of the person subject to enforcement or the property of the guarantor.

Legal analysis: If you are sued for not paying back the money owed, there are no consequences before the court judgment takes effect, and if you refuse to perform after the court judgment takes effect, you need to bear the corresponding legal consequences. Where there is the ability to enforce but refuses to do so, and conceals, transfers, or intentionally destroys property so that enforcement is impossible, it is suspected of the crime of refusing to enforce a judgment or ruling.

Legal basis: "Criminal Law of the People's Republic of China" Article 313: Circumstances where the person subject to enforcement conceals, transfers, intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling; (2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys, or transfers property for which security has been provided to the people's court, making it impossible to enforce the judgment or ruling; (3) After receiving the people's court's notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling; (4) The person subject to enforcement, the guarantor, or the person assisting in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce the judgment or ruling; (5) Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.

Summary. If the lending institution or bank wins the lawsuit and fails to comply with the court judgment within the performance period, it will apply to the court for enforcement.

2. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law.

3. If the lender has no property in his name that can be used for enforcement and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

4. In the case of refusal to enforce the judgment or ruling despite having the ability, it is suspected of the crime of refusing to enforce the judgment or ruling.

The judgment of arrears has come down, what are the consequences of not paying back?

If the lending institution or bank fails to fulfill the court judgment within the performance period of the pants, it will apply to the court for enforcement. 2. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law. 3. If the lender has no property in his name that can be enforced and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

4. In the case of refusal to enforce the judgment or ruling despite having the ability, it is suspected of the crime of refusing to enforce the judgment or ruling.

The loan of 300,000 due in 2019 has not been repaid now, what will happen to the prosecution in the end.

Please wait. The loan of 300,000 annual interest rate has not been repaid at the end of 1 year, what will happen to the lawsuit in the end.

Within 15 days after the issuance of the first-instance judgment, if neither party has appealed the civil judgment, the civil judgment has taken effect, and 15 days after the judgment is issued, you can apply to the court for enforcement;

Within 15 days after the issuance of the first-instance judgment, if both parties or one of the parties appeals the civil judgment, the civil judgment has taken effect after the court of second instance makes an effective judgment.

I can't help you with specific related matters for the time being.

Please go to a lawyer.

Legal analysis: 1. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law;

2. In addition, if he has no property in his name that can be enforced, and he refuses to perform the effective judgment of the Fa Xunqing Court, he will have negative information such as overdue repayment recorded in his personal credit report, and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention;

3. The circumstances of refusal to enforce the judgment and ruling are scattered, and the crime of refusing to enforce the judgment or ruling is suspected.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China: 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.