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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.
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If the other party files a lawsuit with the court, and the party refuses to enforce the judgment or ruling of the people's court, and the circumstances are serious, they will go to jail, and generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
[Legal basis].Article 313 of the Criminal Law.
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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Under the relevant law, failure to repay an online loan is a civil dispute and usually does not result in a prison sentence or jail time. However, late payments can have a negative impact on your credit history and may lead to debt collection by debt collection agencies. In addition, the further promotion of credit transparency enables us to query important data information such as online loan records, as well as whether they are overdue and overdue amount through the online loan big data system.
For example, "Xiaoqi Xincha" is a platform that can query online loan records, through which you can obtain information such as online loan application records, application platform types, whether it is overdue and the overdue amount.
Therefore, in order to avoid possible adverse consequences, it is recommended that you fully assess your repayment ability before borrowing to ensure that you repay on time. If you are temporarily unable to repay, it is recommended that you actively communicate with the borrowing platform or relevant institutions and seek solutions to avoid unnecessary troubles caused by overdue.
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Legal analysis: If you can't afford to pay off your online loans, 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 subjectively has no intention of repaying the loan at the time of borrowing, and fabricates his own financial situation to obtain the loan by fraud, and the amount is relatively large, it may constitute the crime of fraud and bear criminal liability.
Legal basis: Article 266 of the Criminal Law of the People's Republic of China: 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; 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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Under normal circumstances, if you can't repay an online loan, you only need to bear civil liability and will not go to jail. But the crime constituted by the specific circumstances, such as:In any of the following circumstances, fraudulently obtaining loans from banks or other financial institutions, causing major losses to banks or other financial institutions, or other serious circumstances, defrauding banks or other financial institutions of loans for the purpose of illegal possession, and the amount is relatively large, constitutes the crime of loan fraud, and needs to bear criminal responsibility and will be imprisoned.
If you want to repay debts, you have to consider: what are the consequences of taking out a loan? Whether you owe a personal debt or a bank debt online, these are things that cannot be easily escaped.
From being urged to being sued or even enforced, the road of not paying off the arrears is not easy.
1. Penalty interest and liquidated damages
If the loan is not repaid, the first thing encountered is high penalty interest, and some financial institutions are on the basis of penalty interestYou also need to pay a liquidated damages, which add up to a lot of expenses, and if you don't want to get stuck in the loan quagmire and can't extricate yourself, you should still develop good repayment habits.
2. Damaged credit
If you borrow money from the bank and don't pay it back on time, your credit report will be stainedIn the future, it will be even more difficult to apply for a credit card or a loan. Because of small profits, missing out on one's credit wealth is actually very much worth the loss.
Some people say that the loans I took online loans, these will not be counted in the credit investigation of the central bank. Not to mention, now that online lending and the central bank are more closely interconnected, even in the online lending circle, there is also a shared "blacklist" system, and if one does not repay, it will be difficult to approve other loans.
3. Collected by various means
Whether it is a bank or an online loan, it has its own collection system. The primary ones will send you text messages, call ** reminders, and more serious ones, there will even be collectors 24 hours a day, seriously disrupting your work and life, and ordinary people can't stand this kind of "mental oppression".
4. If you are sued, your assets may be seized
Maybe you have a strong ability to "resist pressure" and feel that the consequences mentioned above are all drizzle, then the financial institutions will not be polite to you, toast and don't eat and drink, then they can only take out the secret of "court" and arm themselves with the law.
Once the court has pronounced the verdict, you must enforce the "repayment award" even if you are 100 reluctant, otherwise, the court will seize the property in your name according to the law and use the auction proceeds to pay off the arrears.
5. If the circumstances are serious, you will be imprisoned.
Generally speaking, such incidents as non-repayment of borrowed money are civil disputes and will not escalate to the criminal level. However, if the borrower refuses to perform and insists on being a liar, he would rather run away than repay the money, and the circumstances are very heinous, the court will also investigate the criminal responsibility of the borrower, and if it is too serious, he will go to prison.
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However, the premise is that the loan contract is legal, for example, many online loans are fake loans, that is, the loan pays various fees, which is a fraud and does not need to perform the loan contract.
Hello, what will happen if I can't repay my online loan?
The creditor may sue for enforcement of the property in his name.
Ask me how I can take responsibility if I don't have money.
There is nothing under my people.
They can't do anything without money.
No jail time. This is a civil dispute.
It does not constitute a criminal punishment.
Asking questions will come to me to collect debts.
Will it implicate the family?
If you come to the door, just call the police.
It will not implicate the family, nor will it affect the political trial of the children.
This is not a criminal offence.
will be listed as a judgment defaulter.
Commonly known as the height limit, high consumption is not allowed.
It will not affect the family, only yourself, such as future loans and high-speed rail, and other things that are not high consumption are fine.
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Will you go to jail if your online loan is overdue?
For online loans, if they are overdue, the first thing they will encounter is to be collected; If the other party still refuses to repay the loan after repeated collections, the other party will file a lawsuit with the court. When the court judgment is issued, the borrower will be required to repay the loan; If the borrower still fails to comply with the court judgment and fulfills the repayment obligation, the court will enforce it, freeze the property, etc., and in serious cases, he may be imprisoned.
Relevant legal provisions
According to the Contract Law of the People's Republic of China:
Article 196: [Definitions] A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.
Article 197: [Form and Main Terms of Contract]Loan contracts shall be in written form, unless otherwise agreed upon between natural persons.
The content of the loan contract includes the terms of the loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 198: [Guarantee of Contract]When entering into a loan contract, the lender may require the borrower to provide security. The guarantee shall be in accordance with the provisions of the Guarantee Law of the People's Republic of China.
Article 199 [Obligation of the Borrower to Provide the Borrower's True Information] When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.
Article 200 [Advance Deduction of Interest] The interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated.
Article 201: [Liability for Loan Default]Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
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First of all, the dispute that arises after the online loan is overdue is a civil dispute, and since it is a civil dispute, it will not involve criminal penalties, and there will be no prison sentence. The solution to civil disputes is to settle them through mutual negotiation, or to sue the court and resolve them through court judgments. If the loan and reverse parties cannot reach a negotiation, they can only go to court, and the borrower can finally repay the loan according to the court's judgment.
Secondly, there is a situation where the online loan is overdue, but this is not caused by the online loan itself, but because after the court judgment takes effect, the borrower has the ability to repay but refuses to perform the repayment obligation, which may constitute the crime of refusing to perform the court's ruling, and the circumstances are serious, and may bear criminal liability.
In general, it is very rare to go to jail because of overdue online loans, and most borrowers overdue online loans are because the interest rate of online loans is too high, and they really have no ability to repay, rather than having money to repay but refusing to repay.
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If you don't pay off your online loan, you won't go to jail. Online loans are not civil disputes. No criminal liability will be assumed. If the court still refuses to comply with the repayment obligation after the judgment. Debtors will limit spending.
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If you can't afford to repay your online loan, you won't go to jail. Regular online loan companies will only find a way to make you repay the loan, and you will go to jail and will not be able to repay the loan.
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It's not enough to go to jail, but people will go to court to sue you, at most make you a dishonest person, and then use the threat of dishonesty to negotiate repayment for you. Of course, in the end, it depends on your courage.
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If you can't repay the online loan, you will generally not go to jail. Online lending is a civil dispute, which is generally civil liability and does not bear criminal liability.
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If you can't afford to repay the online loan, it's not that you will go to jail, because the online loan is generally not very much, and he is also linked to the bank, as long as your money has been given to the bank, he will deduct you, if you don't pay it back, this interest is quite high.
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Online loans, first, need to look at the interest rate of your loan, if it exceeds 4 times of the LPR, it is illegal, the state does not support it, but the part that does not exceed still needs to be repaid. Second, imprisonment is a fixed-term imprisonment or life imprisonment, which is generally caused by violating the criminal law, and the loan relationship is only a civil relationship, and the two are different legal relationships, and it will not be so serious to go to prison, but the other party can sue you for infringement. Enforcement can be requested from the court.
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I am an online loan, I can't afford to pay it back, I should go to jail.
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If an online loan platform files a lawsuit with the court because the borrower does not repay the loan, it is a civil dispute and does not involve a criminal case, so it is usually not 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 borrower still does not repay the loan after the court judgment, 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.
As long as you find: Xiaoqi Xincha, you can query your own online loan big data report with one click, which will have your credit rating score, whether there is a blacklist and other important data.
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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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Under normal circumstances, you will not go to jail if you don't get an online loan. Because online loans are not civil disputes, not criminal cases. Therefore, even if the online loan is not repaid, the debtor will not go to jail.
However, if the online loan is not repaid, it will be enforced by the court, and the bank account will be seized, the deposit in the account will be forcibly deducted, and the property such as the house will be seized and auctioned.
Article 219 of the Supreme People's Court's Interpretation on the Application of the Law of the People's Republic of China on Civil Litigation Article 219 When a person with a high level of interest files a lawsuit beyond the statute of limitations, the people's court shall accept it. Where, after acceptance, the opposing party raises a statute of limitations defense, and the people's court finds that the defense is established after trial, it shall make a judgment rejecting the plaintiff's litigation claim.
Criminal Law of the People's Republic of China》 Article 266: Where the amount of 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 single fine of a large amount is to be imposed or there are other serious circumstances, a sentence of between three and ten years is to be given, and where the amount of the penalty is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.
If the online loan is not repaid, the party needs to pay a certain amount of overdue interest in accordance with the agreement or the relevant provisions of the state, bear the corresponding liability for breach of contract, and may also face a lawsuit filed by the creditor. If the borrower is temporarily unable to repay, it may negotiate with the creditor to repay in installments or deferred repayment. Article 676 of the Civil Code If the 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. >>>More
There will be no consequences for the loan money:
If there is really no ability to repay, it shall negotiate with the lending institution to extend the repayment period or repay it in installments; >>>More
The worst possible outcomes are as follows.
1. Credit investigation on the overdue record of online loans. >>>More
Online loans will not be prosecuted, but generally will not go to jail. >>>More
Online loans are generally economic disputes that belong to private lending, and are usually handled as civil cases, not criminal cases, and usually will not be imprisoned. After all, the loan platform also knows that if the borrower is arrested and imprisoned, there is no income**, and there are no assets to enforce in his name, even if he applies for enforcement, he will not get the money back. >>>More