Current location - Loan Platform Complete Network - Bank loan - My installment payment is two months overdue. Call me for three days. If I don't pay it back, sue me and let me turn myself in. He also said that he would be fined 20,000 yuan. Will I go to jail?
My installment payment is two months overdue. Call me for three days. If I don't pay it back, sue me and let me turn myself in. He also said that he would be fined 20,000 yuan. Will I go to jail?
1, owing money is a civil dispute, and generally you won't go to jail. However, if the court decides that the debtor has the ability to repay the debt, but refuses to repay it, the court may impose a fine and detention according to the seriousness of the case, and if it is suspected of committing a crime, it will also add criminal responsibility.

2. Any objection to the amount of debt repayment may be submitted to the court together.

3. According to the Civil Procedure Law of People's Republic of China (PRC), it is stipulated as follows:

Article 1 1 1? If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;

(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;

(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;

(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;

(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;

(6) Refusing to perform a legally effective judgment or ruling of the people's court.

The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.

4. According to the Criminal Law of People's Republic of China (PRC), it is stipulated as follows:

Article 313 Whoever refuses to execute the judgment or ruling of a people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

Extended data

The reporter learned from the Tianjin Higher People's Court that the two sisters refused to carry out the judgment of the people's court because they owed money and sold the house to others without knowing that it was sealed up. 10/0 On October 30th, the People's Court of Beichen District of Tianjin sentenced two defendants to one year and eight months' imprisonment and one year and three months' imprisonment respectively for refusing to execute the judgment.

The two defendants, two sisters, are the actual responsible persons and legal representatives of a company. 20 14, 14 On May 4th, because of their unreasonable refusal to respond to the lawsuit, Beichen Court made a default judgment according to law, and ordered the plaintiff to repay a company's loan principal of 4 million yuan and the interest of 4 times the bank loan interest rate in the same period.

In the lawsuit, the court seized the property mortgaged by the defendant company when it borrowed money from the plaintiff company according to law. Upon learning of the court's judgment, the two defendants transferred the seized property on 20141kloc-0/5 at a price of 9.5 million yuan, and the proceeds did not fulfill their repayment obligations.

The judge in charge of the case said that some people who have been executed have the ability to fulfill their obligations stipulated in legal documents, but they try their best to avoid execution. This case is a typical example. 2. The defendant, knowing that the court ruled that the loan contract was in breach, and the judgment had come into effect and entered the execution stage, still transferred or sold the property sealed up by the court but failed to perform the judgment obligation, and refused to execute it even though he had the execution ability, which constituted the crime of refusing to execute the judgment or ruling.

China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law

The Supreme People's Procuratorate-People's Republic of China (PRC) criminal law

People's Network-Don't you still sell the seized house if you owe money? Sister refused to execute the judgment and was sentenced.