1. If it is really unable to repay, it shall negotiate with the lending institution to extend the repayment period or repay by installments. 2. If the lender fails to perform the judgment within the performance period after winning the case, it will apply for enforcement. 3. When compulsory execution is accepted, the lender's property, vehicles, securities and deposits will be inquired according to law. 4. If the lender has no property to enforce, refuses to perform the effective judgment, overdue repayment and other negative information will be recorded in the personal credit report, and will be restricted from high consumption and entry and exit, and may even be punished by judicial custody.
legal ground
Article 216 of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 17) After accepting the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, the ruling shall be rejected. The debtor shall pay off the debt within 15 days from the date of receiving the payment order, or raise a written objection to the person subjected to execution. If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
What should I do if I owe the rural credit cooperatives 65,438+10,000 yuan?
Legal analysis: owing 654.38 million yuan to the credit union will not produce the following consequences:
1. If it is really unable to repay, it shall negotiate with the lending institution to extend the repayment period or repay it in installments;
2. If the lender fails to perform the judgment within the performance period after winning the case, it will apply for enforcement;
3. When accepting enforcement, it will inquire about the real estate, vehicles, securities and deposits under the name of the lender according to law;
Legal basis: "General Principles of Civil Law of People's Republic of China (PRC)" and Article 30 of "State Code" not only stipulate overdue interest rate, but also stipulate liquidated damages or other expenses; Lenders can choose to claim overdue interest, liquidated damages or other expenses, or both, but the part exceeding the annual interest rate of 24% will not be supported by ordinary people. Legal basis: "General Principles of Civil Law of People's Republic of China (PRC)" and Article 30 of "State Code" not only stipulate overdue interest rate, but also stipulate liquidated damages or other expenses; Lenders can choose to claim overdue interest, liquidated damages or other expenses, or both, but the part exceeding the annual interest rate of 24% will not be supported by ordinary people.
What should I do if the credit card debt of 654.38+ million cannot be repaid?
Credit card arrears of 100,000 yuan cannot be repaid, and if the amount is huge, it shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. The credit card of 6,543,800 yuan belongs to a large amount, and the corresponding sentence is less than 5 years. If the amount of the principal in arrears reaches 1 10,000 yuan or more, and it has not been returned for more than 3 months after being collected by the issuing bank twice, it shall be deemed as malicious overdraft in criminal law, suspected of credit card crime, and shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention according to law, and fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law. If you don't pay it back for the time being, you will only generate interest and late fees. However, if the principal overdraft exceeds 6,543,800 yuan, the bank still refuses to repay the loan and may be subject to criminal punishment. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Including excluding compound interest, late fees, handling fees, etc. To be collected by the issuing bank.
Article 196 of the Criminal Law of People's Republic of China (PRC) stipulates that if a credit card is used in any of the following circumstances, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
How to judge credit card crime
Fraudulent use of other people's credit cards must subjectively have the purpose of defrauding other people's property. Only the subjective intention and objective behavior of fraudulently using other people's credit cards can constitute this crime. In practice, some credit card holders lend their cards to others, such as their relatives and friends. In the form of expression, users also fraudulently use other people's credit cards, but the behavior of users fraudulently using other people's credit cards is recognized by cardholders. Although this behavior violates the regulations on the use of credit cards, the user subjectively does not take possession of the cardholder's property for the purpose, so it does not have the essential characteristics of credit card crime.
What should I do if I have no money?
First: it is natural to repay the loan. List all your online loans first, and list the interest from high to low. Distinguish which online loans have credit and which do not. When you have the ability to settle accounts in advance, no matter how much, pay back the ones with high interest first, and there will be credit information at the meeting. And immediately stop lending.
Second: if you have a long repayment period, make money slowly; If the cycle is short and long, it is necessary to make a reasonable repayment plan.
Third: the amount of online loans is large and the interest is high. Discuss with your family from your own point of view. When you are unable to repay all the principal in advance, discuss with your family and find someone who is really willing to help you, whether it is your parents, brothers and sisters. Early settlement is also a better choice. If you can't do it, don't do it, just live a normal life!
Fourth: Some online lending meetings have credit reports. After settlement, keep the credit report beautiful. (1) Credit cards can be used well. (2) Normal repayment of all credit cards and loans can be used for future credit accumulation. Therefore, it is necessary to repay on time and pay attention to credit reporting.
Won't you go to jail if you owe a bank loan of 65,438+10,000?
If you owe a bank loan of 654.38 million yuan, you may be fined.
If the arrears are overdue, the impact will be different according to the amount. 654.38+ 10,000 yuan is a large amount, which will first affect personal credit information, and secondly, if it is enforced.
When there is overdue, don't let it go, deal with it actively, avoid high interest and fines, and face litigation risks.
You can consult me about loans, overdue problems and solutions.
What should the bank do if it owes the bank a loan of 65,438+10,000 yuan?
Ask for repayment of the loan and interest, and suggest repayment as soon as possible.
According to the provisions of Article 84 of General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC), debt is a specific relationship of rights and obligations between the parties in accordance with the contract or the law. The obligee is the obligee, and the obligor is the debtor.
The creditor has the right to require the debtor to perform its obligations in accordance with the contract or according to law.
According to the provisions of Article 108 of the General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC), the debts shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be sentenced to compulsory repayment by the people.
Due to overdue bad records, credit cards will be frozen by the issuing bank, which will affect other credit businesses in the next five years. Because banks are risky, they don't want to deal with people with bad credit records. After overdue repayment, personal bad credit records shall be kept for five years, and the bad records shall be cleared after five years.
Extended data
Credit card holders, such as credit card holders, will form bad credit records and upload them to the People's Bank of China if they are overdue for three consecutive times or six times in total, or if they are overdue for more than 90 days.
Article 207 of the Contract Law stipulates that "if the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations".
Penalty interest will be charged if it is overdue. From the overdue date, default interest will be charged at the agreed interest rate 150% every day until the payment is overdue. Your overdue record will be collected by the People's Bank of China, which will affect your credit record. Please cherish your credit and repay on time.
If loans overdue exceeds a certain period, the relevant records of overdue users will be transmitted to the personal credit information system of the central bank. In addition to uploading overdue information to the central bank's personal credit information system, Lending will continue to cooperate with third-party credit information agencies such as Qianhai Credit Information, Shanghai Credit Information and Pengyuanzheng Credit Information.
For loans that are overdue or not used according to the purpose agreed in the contract, interest will be charged at the default interest rate from the date when they are used in loans overdue or not according to the purpose agreed in the contract until the loan principal and interest are fully paid off. For the interest that cannot be paid on time, compound interest shall be calculated at the penalty interest rate.