Now there are only civil economic disputes, so it is good to follow the tricks of civil economic disputes. Preventing being sentenced to prison is a difficult problem that must be highly valued.
After 0 1 loans overdue, it is not the reason that there is no money to pay back, but the reason that can be negotiated.
With more and more people using overdraft card, and more and more overdraft card owned by one person, many users have spent money by credit card in loans overdue. This is a very serious personal credit dilemma, which will lead to further accumulated debts maturing ahead of schedule, and my economic crisis broke out.
But no matter what the reason is, lack of money is not the reason. Being able to negotiate with and communicate with the bank is the root of the problem.
Although loans overdue is not an individual breach of contract in civil litigation according to laws and regulations, it should take a proactive attitude to prevent the ultimate problem of credit card fraud.
For the purpose of illegal occupation, users in overdraft card overdraw their credit cards beyond the prescribed credit limit, fail to repay within the prescribed time limit, and fail to repay within three months after being urged twice by the issuing bank. The cash credit limit is more than 50,000 yuan, which has long been suspected of constituting the crime of credit card fraud.
In fact, as long as the loans overdue limit is above 50,000, banks can report credit card fraud crimes if they do a good job of preliminary investigation and evidence collection. So what the defendant wants to win is to solve the difficulties in the civil litigation industry.
How did loans overdue get to the point where he was going to jail?
Overdraft card is a credit card with clear credit limit that users and banks obtain according to the commitments in the negotiation contract. Simply put, it is to borrow money from the bank. Since it is a loan, why will it lead to imprisonment?
If everything is normal, overdraft card will pay back the money on time, even if it violates the regulations, there will generally be no problem. And when the current credit line is too large, exceeding 50,000, and loans overdue doesn't pay it back for more than three months, then the bank will be anxious and will definitely try its best to get the money back, which naturally includes the use of Xing.
Therefore, after users are in loans overdue, the way they think is to prevent things from developing to the extent of criminal cases, which will be very uncomfortable. It's not worth going to jail because of money. Before that, it's better to negotiate as much as possible.
The court decided to pay back the money. What should I do if I have no money?
Everyone must have money. Some people have more money, some people have less money, some people are negative, and the debt is millions! Because loans overdue was ordered to pay back the money, it was not easy for ordinary users to appeal successfully. Because there is basically no objection to such cases, the objective facts are very clear and the direct evidence is undoubtedly sufficient.
Now that you have decided to pay back the money and have no money to pay it back, let's negotiate!
Although the bank has successfully appealed and ruled that it can apply for enforcement, it is a tough party, but users should be lenient and negotiate to solve it. After all, how to get the money is their purpose.
We have to find a way to repay the money, actively contact the bank, and find a way to repay by installments, such as reducing the loan interest and contract penalty incurred during loans overdue, and stopping the negotiation to repay the principal by installments.
But this requires users to show enough sincerity, such as huge capital in the early stage. In this step, they need to learn to put down their face, borrow money from family and friends, solve problems through consultation, and avoid entering the filing system software of the untrustworthy enforced person and applying for enforcement. Otherwise, it will be blacklisted in the future and it will be difficult to turn over.
Loans overdue's failure to pay back is actually a very serious adverse effect. If you decide that your credit card is overdrawn, you are likely to go to jail. Therefore, the only thing users can do is to pay back the money as much as possible, and at the same time try to avoid reducing some costs and loan interest.
If everything goes according to legal procedures, the adverse effects will be really serious. So we must strive for a way to negotiate peacefully with the bank. Legal procedures are the most unfavorable to ourselves.
There are four outcomes. The most serious thing is being sentenced for violating the Criminal Procedure Law, and overdraft card needs to be fully repaid!
Loans overdue sued, and after the court ruled, if you haven't paid back the money, then the bank will apply for enforcement, and the case will enter the application for enforcement. So, what will happen if the land is unable to pay back the money? In fact, what you are asking is how the court will deal with the person who is untrustworthy and unable to repay the loan during the execution of the court. Combined with my work experience, I can solve this situation in four different ways:
First, end the execution of this program.
In the whole implementation process, at the beginning, the court will let you apply for your own property. If I apply for no property, then the court will conduct a comprehensive inspection of your property according to the software of the inspection and control system and other ways. It includes not only your deposit, but also your car, house and other property.
If the court can take all enforcement measures, but you don't find any executable property, or the found property can't be disposed of, then the court will temporarily terminate the execution procedure and make reconciliation, and then repair and execute it after finding the executable property. In other words, if you really have no property, the court will shelve the bank case. When you have property, or find property, unfreeze the case and let you execute it.
Second, take some effective measures to apply for enforcement.
There may be some differences between your inability to pay back the money and the inability to pay back the money that the court knows. When you feel incompetent, it probably just means that you have no money or savings. The court understands that executive ability includes all your property, not only your salary, but also your only house.
If you have the ability to execute, but refuse to cooperate, or even have personal behavior to evade, then the court will take compulsory measures. For example, bid for your only property, withdraw your salary, lock your bank account, or take judicial custody measures.
The purpose of taking compulsory measures is to further explore your development potential, explore your property, and gradually squeeze out whitening toothpaste from whitening toothpaste while identifying your execution ability. In practice, there are indeed many personal behaviors that are capable of execution but avoid execution. For example, if a vehicle is reluctant to sell, it will move to someone else's house.
The third is to investigate criminal punishment.
If enforcement is suspected of refusing to perform the ruling or judgment, then the court will investigate the model obligation according to law. The crime of refusing to perform an order or judgment refers to the defendant's commitment to exercise his rights to the legally effective order or judgment of the people's court with payment content.
In the case of ability and execution, refusing to execute, personal behavior with bad circumstances. Many netizens probably don't understand who is so stupid and has the ability not to implement it. Isn't that why they can't walk away from themselves?
But in reality, there are indeed many such situations. For example, the court seized your property, but some people didn't want to, so they sold the property early and transferred the proceeds. The characteristics of this personal behavior are extreme. In addition, pursuing criminal punishment does not exempt you from legal responsibility. Money owed to the bank, or pay it all back.
Fourth, actively exercise power.
Just because you're incapable now doesn't mean you've been incapable. Just because you don't have ability today doesn't mean you won't have ability tomorrow. Who can keep things right in daily life? Some people are unfortunate enough to be heavily in debt in one year.
Some people are lucky and get rich in one year. If you suddenly get rich, such as winning the lottery, or falling out of the sky, you must actively fulfill the clear responsibility of the court's effective judgment documents. This is not only an emphasis on laws and regulations, but also an act of being responsible for yourself.
Finally, I nag: hard work now is very personalized and embodies the spiritual essence of taking the people as the center. When the court applies for enforcement, it is very difficult to find that you are really incapable, so the court will give you consideration and it is not easy to take away your basic living security.
If you have loans overdue, including provident fund and Pudong Universal Loan, you can contact me for the second installment payment as long as the repayment is difficult or you have been urged by the bank (litigation risk). According to laws and regulations, you can help debtors with excessive repayment pressure and only partial repayment ability to sort out their debts, reach an agreement with banks and make new repayment plans.
The above is my detailed introduction, I hope it will help you after reading it.