What happens if you owe money, and what are the consequences if you don t pay it back

Legal Analysis: Lower your personal reputation, the next time you ask someone to borrow money, you are likely to not be able to borrow money, and you have lost a friend, creditors can apply to enforce your property, if you do not execute the court's payment order and judgment, it may constitute a crime, and you will bear criminal responsibility.

Legal basis: Article 412 of the Civil Code of the People's Republic of China Where the mortgaged property is seized by the people's court in accordance with law due to the debtor's failure to perform the debts due or the realization of the mortgage as agreed by the parties occurs, the mortgagee shall have the right to receive the natural fruits or legal fruits of the mortgaged property from the date of seizure, unless the mortgagee fails to notify the person obligated to repay the statutory fruits.

Legal Analysis:1. Late fees, including penalty interest and liquidated damages; 2.

Affect personal credit history. If the lending business does not have a financial license, the arrears will not be subject to credit investigation and will not affect your personal credit history. However, where the lawsuit is brought to court and still refuses to return, it may be entered into the list of judgment defaulters; 3.

If the circumstances are serious, it will constitute a crime and need to bear criminal responsibility in accordance with law. Where a party refuses to enforce or maliciously evades debts, it rises to the level of a crime, and criminal responsibility shall be pursued for conduct with heinous circumstances.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China stipulates that a lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific requests, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court being sued.

Legal analysis: 1. If the borrower fails to return the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant national regulations. 2. If there is an agreement between the borrower and the borrower on the overdue interest rate, the agreement shall prevail, but it shall not exceed four times the interest rate of the one-year loan market at the time of the conclusion of the contract.

1) Where neither the interest rate during the loan period nor the overdue interest rate has been agreed, the lender may claim that the borrower shall bear the liability for default in overdue repayment with respect to the interest calculated with reference to the interest rate standard of the one-year loan market at that time from the date of overdue repayment; (2) If the interest rate during the loan period has been agreed but the overdue interest rate has not been agreed, the lender may claim that the borrower shall pay the interest during the period of capital occupation according to the interest rate during the loan period from the date of overdue repayment.

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

Article 675:The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

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.

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 28 Where the borrower and the borrower have an agreement on the overdue interest rate, the agreement shall prevail, but it shall not exceed four times the interest rate of the one-year loan market at the time of the conclusion of the contract. Where there is no agreement on the overdue interest rate or the agreement is unclear, the people's court may distinguish between different situations: (1) where neither the interest rate during the loan period nor the overdue interest rate has been agreed, and the lender claims that the borrower bears the liability for default in overdue repayment with reference to the interest calculated with reference to the current one-year loan market interest rate standard from the date of overdue repayment, the people's court shall support it; (2) Where the interest rate during the loan period has been agreed but the overdue interest rate has not been agreed, and the lender claims that the borrower shall pay the interest during the period of capital occupation in accordance with the interest rate during the loan period from the date of overdue repayment, the people's court shall support it.

Summary. <>

Hello dear! The consequences of owing money do not need to be faced: in the face of the lawsuit filed by the lender, bear the corresponding liability for breach of contract, and need to pay a certain amount of overdue interest according to the agreement or the relevant provisions of the state, so the debtor should still repay the arrears according to the agreement.

What happens if you owe money.

Hello dear! The consequences of owing money do not need to be faced: in the face of the lawsuit filed by the lender, bear the corresponding liability for breach of contract, and need to pay a certain amount of overdue interest according to the agreement or the relevant regulations of Guoxiang Mengsui's family, etc., so the debtor should repay the arrears according to the agreement.

Dear, the following is the legal basis I have compiled for you: Article 676 of the Civil Code of the People's Republic of China If the borrower fails to return 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 term of repayment before the expiration of the repayment period; If the lender agrees, it can be extended.

Article 667 of the Civil Code of the People's Republic of China A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

Hello, I owe a friend some money now, and then I don't have the money to pay back, and he said he was going to sue me <>

Hello dear! Have you negotiated repayment with the other party?

Hello dear! How long has it been owed?

Is there an IOU? But I don't have the money to pay it back, what should I do?

Hello dear! Do you have a car and a house in your name, do you have a deposit?

No IOU for a year.

No car house deposit.

Hello dear! If the other party sues the court and you have no ability to repay, the court will also let you repay the loan in installments.

But he said he would apply for enforcement so that I would be put on the list of dishonest <>

Hello dear! Yes, it will be enforced, and then it will be enforced and the refusal to repay will be included in the blacklist of dishonest persons.

Hello dear! Are you working now?

The consequences of not paying back the money owed are as follows:

1. Reduce your personal reputation, the next time you borrow money from others, you are likely to not be able to borrow money, and you have lost a friend;

2. Creditors can apply to the court to enforce your property;

3. If the payment order and judgment of the court are not executed, it may constitute a crime and will bear criminal responsibility.

1. What should I do if the enterprise does not repay the debt?

There are several ways to solve the non-payment of debts:

1. Negotiation method: If the debtor owes money and does not repay it, it can negotiate installment repayment after the expiration of the agreed repayment period.

2. Litigation method: If an agreement cannot be reached, the creditor can file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint and IOU.

If the court orders the other party to repay the money, but the other party still does not repay the money within the performance period specified in the judgment, the creditor may apply to the court that made the judgment for compulsory enforcement within two years from the date of expiration of the performance period of the court judgment.

3. Payment order: The creditor can also directly apply to the court for a payment order to claim the arrears.

2. How to sue the other party if the friend owes money.

The process of suing a friend who owes money and does not pay it back is as follows:

1. Submit the complaint to the people's court and submit copies according to the number of defendants;

2. Bring the IOU, screenshots and other evidence and the complaint to the people's court to pay the litigation fee and file the case;

3. The court will review and make a decision on whether to accept it, and after accepting it in accordance with the law, it will be tried first;

4. Finally, the court will make a judgment according to the specific circumstances.

If the creditor wins the lawsuit and the other party does not perform its obligations within the performance period specified in the judgment, the winning party may apply to the court for enforcement.

3. How should creditors who maliciously default on debts defend their rights?

Creditors who default on debts in bad faith can be resolved in the following ways:

1.Negotiation method: If others owe money and do not repay, they can negotiate to repay the loan in installments after the expiration of the agreed repayment period. This method is more convenient, but there is no guarantee of enforceability.

2.Litigation method: If an agreement cannot be reached, the creditor can file a civil lawsuit with the court with evidence such as ID card, household registration book, complaint and IOU.

If the court orders the other party to repay the money, but the other party still does not repay the money within the performance period specified in the judgment, the creditor may apply to the court that made the judgment for compulsory enforcement within two years from the date of expiration of the performance period of the court judgment. This method has a guarantee of execution, but it takes a long time.

3.Payment Order: The creditor can also apply directly to the court for a payment order to claim the amount owed. This method is less costly, but it is easy to become invalid and then transferred to litigation.

Article 224 of the Civil Procedure Law provides that legally effective civil judgments and rulings, as well as the property portion of criminal judgments or rulings, shall be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

1. What will happen if you owe money

1. Owing money will not constitute a debt default, it is a debt default, and the debtor may have to bear the following legal liabilities:

1) Bear the liability for breach of contract, such as paying liquidated damages, paying overdue interest, etc., and may also leave a record of breach of contract on the personal credit report;

2) may be sued by creditors, and after being sued by creditors, they need to appear in court to hear the case, and if they fail to perform the effective judgment or ruling within the time limit, they may be applied for enforcement;

3) If the refusal to enforce the effective ruling or judgment is serious, it will constitute a criminal offense.

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

Article 676 of the Civil Code of the People's Republic of China.

Article 3 of the Civil Procedure Law of the People's Republic of China.

2. How to sue for not paying back the money owed, and where to sue

1) If the debtor does not repay the money owed, the prosecution process is as follows:

1. Write a civil complaint and prepare relevant evidence to prove the existence of the loan Guan Chan Bird;

2. Filing a lawsuit in the people's court of the defendant's domicile or the people's court of the place where the contract is performed;

3. When filing a lawsuit, the complaint and its copy shall be submitted.

2) China's Civil Procedure Law has made clear provisions on the conditions for filing a lawsuit. If you owe money, you don't have to file a lawsuit in the people's court of the jurisdiction. The prosecution must first write the indictment, then go to the court to submit evidence and indictment, file the case and pay the litigation fee.

After the court decides to accept the case, it will be heard. The court then renders a judgment based on the facts. Final execution of the judgment.

If the judgment is handed down, then it is necessary to apply to the court for enforcement within two years after the judgment takes effect, so that the court can directly seize the property of the other party. If the other party refuses to comply, the bailiff can detain him.

According to the provisions of the Civil Code, owing money will not constitute a debt default, it is a debt default, and the debtor must first bear the liability for breach of contract, such as paying overdue interest, compensating for losses, etc., and secondly, personal credit may have a bad record. The debtor may be prosecuted, and if the debtor refuses to execute the effective ruling or judgment, if the circumstances are serious, it will constitute a criminal offense.

Legal analysis: If the money is not repaid, it can be negotiated, and if the negotiation fails, it can be sued to the people's court. If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or does not raise a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement.

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

Article 214:Where a creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic level people's court with jurisdiction for a payment order:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor.

The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.

Article 216:After accepting an application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days of accepting the creditor's rights and debts, if the creditor's rights and debts are clear and lawful; If the application is not sustained, a ruling shall be made to reject it. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Article 242: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 inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. 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.

1. Won't you go to jail if you owe money? Owing money is not a civil act and generally does not constitute a criminal offence and does not result in jail time. Unless you are truly capable of making restitution but refuse to enforce the court's civil judgment or ruling, or you deliberately resist violently when the court takes enforcement measures.

In addition, the court may take you into judicial custody for up to 15 days for refusing to carry out the court's judgment or ruling. 2. What should I do if I don't pay back the money I owe? There are many ways to resolve arrears disputes, such as negotiation, mediation, arbitration and litigation, etc., as long as they are used in a timely and appropriate manner, they will achieve twice the result with half the effort.

However, due to the fact that some creditors often delay the negotiation stage for too long in order not to hurt the peace, many good opportunities to recover the arrears are missed. Applying for a payment order is one of the effective ways to recover the amount owed. According to the provisions of the Civil Procedure Law of the People's Republic of China, if the creditor requests the debtor to pay money and valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:

The creditor has no other debt disputes with the debtor; The payment order can be served on the debtor. If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or fails to raise a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement. It can be seen that the biggest advantage of applying to the people's court for a payment order to recover the arrears is that the time is short and the results are quick.

Of course, if the debtor submits a written objection to the people's court within the statutory time, it must be handled through litigation procedures.