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If you go to prison for debts, you still need to repay your debts after you are released from prison. Jail is a criminal liability, and repayment of debts is a 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 it also need to repay the debts they owe.
Legal analysisIf the debtor is convicted by the court, it does not affect the creditor's claim for creditor's rights, so the debt needs to be repaid after the sentence. There is a good saying, sooner or later, you have to pay it back, even if you are sentenced to life imprisonment and stay in a prison cell, you still have to pay back the money you owe to others. If you don't pay back the money, the creditor will appeal to the court, and the law will be passed to solve the problem, and the court will enforce the decision according to the law.
In this case, if the person who owes money has no ability to repay the debt, the bank also has many ways to deal with the person who does not pay the money, even if you are in jail, when you owe a large amount of money to others, if you do not repay on time, the bank will have some tough measures. Banks freeze all liquid assets, and sometimes even auction off all assets in their names until the debts are paid off. The court doesn't need to ask for your consent because it's legal.
If you are released from prison, you still have to pay off all the loans first, because the court can fully understand the amount of the debt, so it is impossible to escape the matter of repaying the money. Debts should be discharged. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court.
and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.
Legal basisArticle 671 of the Civil Code of the People's Republic of China 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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Need. Clause.
1. Loan disputes are only civil disputes, and will not be suspected of criminal liability, let alone imprisonment (unless suspected of fraud);
Clause. 2. If criminal liability is suspected, such as suspected fraud, then criminal liability and civil liability are not the same thing, and civil liability cannot be avoided after bearing the criminal punishment.
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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.
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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.
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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.
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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.
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