If you owe money and go to jail, can you get the money back?

Imprisonment does not relieve civil obligations, so the debt still has to be repaid. However, after being imprisoned, the interest paid on the arrears can be settled through negotiation.

Legal basis: Contract Law

Article 205 The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Article 206 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 61 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 207 Where 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.

Note: After the Civil Code came into effect on January 1, 2021, the above legal basis was changed to Articles 674, 675, and 676 of the Civil Code.

The fact that a person who owes money goes to jail does not forgive him of his debts. The money he owes, you can continue to ask for it when you get out of prison.

If the other party is released from prison, if he has money, he can also ask for it. If you go to jail, you can't get rid of it. It is only natural to repay debts. But if he doesn't have any money after he comes out, he won't come back.

Yes, unless he's gone.

1. Do you have to pay it back when you owe money and go to jail?

1. If you owe money and go to jail, you have to pay it back. Imprisonment is the assumption of criminal liability, and the assumption of criminal liability does not exempt the parties from civil liability for compensation. The parties shall repay the loan in a timely manner when they have the ability to repay, and if they are unable to repay for the time being, they may agree with the lender to repay the loan in installments.

2. Legal basis: Article 187 of the Civil Code of the People's Republic of China.

Where a civil entity shall bear civil, administrative, or criminal liability for the same conduct, the bearing of administrative or criminal liability does not affect the bearing of civil liability; Where the civil entity's assets are insufficient to pay, priority is given to the use of civil liability.

Article 189 of the Civil Code of the People's Republic of China.

Where the parties agree to perform the same debt in installments, the limitation period is calculated from the date on which the last period for performance expires.

Second, what should I do if I owe money?

Here's how to not pay back the money you owe:

1. Try to keep the evidence that the other party owes money, if not, you can write an IOU or IOU, indicating that the purpose of the loan is legal;

2. After getting the evidence, go to ask for money, if the other party has no money, you can negotiate to pay the debt in kind;

3. If the amount is large, whether the other party has the intention to repay and wants to repay the debt, a civil lawsuit can be considered. If the amount is huge, you can call the police to deal with it, and the other party may be suspected of fraud.

Legal analysis: In our country's law, there is no such thing as imprisonment that can offset debts, so if you go to jail for debts, you still need to repay your debts after sitting down, and you will not disappear or decrease because of jail. The debtor is investigated for criminal liability in accordance with the law because of the arrears, which does not conflict with the civil liability for repaying the debt.

Criminal liability is pursued for refusal to enforce the judgment of repayment, malicious overdraft of the credit card, or other reasons, and the repayment of debts is not affected by criminal punishment.

Legal basis: Article 101 of the Criminal Procedure Law of the People's Republic of China Where a victim suffers material losses as a result of the defendant's criminal conduct, he or she has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.

Legal analysis: If you go to jail, you have to pay back the money, and going to jail can only mean that you have assumed criminal responsibility, and you cannot be exempted from civil liability for repaying the money. If the claim has passed the recourse period, a right of defence will be formed against the creditor.

The statute of limitations for claims is three years. The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.

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

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 189:Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance is completed.

Article 190:The statute of limitations for persons who lack or have limited capacity for civil conduct to make claims against their legally-prescribed persons is calculated from the date on which the legally-prescribed ** person terminates.

Article 191:The statute of limitations for the right to claim damages for minors suffering ** harm is calculated from the date on which the victim reaches the age of 18.

Article 192:Where the statute of limitations for litigation is complete, the obligor may raise a defense of non-performance of obligations.

After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed it, it must not be returned.

Legal analysis: There are two situations of going to prison for debts: 1. If you go to prison for arrears, 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 a person who is investigated for criminal responsibility, not exempted from civil liability.

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

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 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.

Bear. After being released from prison, those who are able to repay it also need to repay the debts they owe.

Jail is a criminal liability, and repayment of debts is a civil liability. Civil liability and criminal liability are two different legal liabilities, and the assumption of criminal liability does not exempt the parties from civil liability.

After being released from prison, those who are able to repay it also need to repay the debts owed. If the creditor is temporarily unable to repay, the creditor can negotiate an extension or instalment.

If the debtor is truly unable to repay the debt, the court will make a judgment to repay the debtor's personal property, such as real estate or house.

Legal basis] Article 36 of the Criminal Law, where the victim suffers economic losses as a result of a criminal act, the criminal shall be sentenced to compensation for economic losses in addition to criminal punishment in accordance with law.

Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their assets, they shall first bear civil liability for compensation to the victims.