As a general contract, banks generally require mortgage, that is to say, auction and sell your collateral to pay off debts.

Then, through the credit information system, register your bad loan records to the personal credit information system of the People's Bank of China, so that no matter which bank you borrow in the future, you can find your bad records, which will affect your future financing. First of all, you must find out whether the information you provided to the bank loan is true or not. Because all bank loans need to provide loan purposes, according to the provisions of laws and regulations such as the General Principles of Loans, loans cannot be made without loan purposes, so it is very important to provide real loan purpose information when providing loans. Second, if you provide false loan materials and loan certificates at the beginning, then you are already suspected of two crimes in the criminal law, namely, the crime of defrauding loans and the crime of lending. The difference between these two crimes lies in whether you don't want to pay back the loan. If you are not prepared to repay the loan at first, it is a loan crime; If you use fake materials to borrow money, but you still want to pay it back, it is the crime of defrauding loans. Third, to convict you, there is another requirement, that is, the loan amount. According to the provisions of Article 27 of the Provisions on the Standards for Public Security Organs to Jurisdicte Criminal Cases (II). If you borrowed more than1million with fake materials, I think you haven't paid it back yet. Or if you are unable to repay all the loans, and the outstanding loan balance plus interest and penalty interest is more than 200,000 yuan, then you have committed the crime of defrauding loans. According to Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases, if you defraud a loan with false materials and the loan amount is more than 10,000 yuan, then you are enough to constitute a loan crime. Fourth, the crime of defrauding loans is stipulated in Article 175 of the Criminal Law: "Whoever obtains loans, bills, letters of credit, guarantees, etc., defrauds the funds of banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. " According to Article 193 of the Criminal Law, "in any of the following circumstances, if a bank or other financial institution issues a large amount of loans for the purpose of illegal possession, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; 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 particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than 10 years or a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property. " I have a friend who borrowed 10,000 yuan from the bank a few years ago, and now the bank can't pay it back. What if he really can't pay back?

If the bank wins the case, the bank can apply for the execution of real estate, seal up bank accounts, and restrict flights. He doesn't have anything of value at all, nor does he have a house. I just want to know if he will go to jail.

As long as you don't run, you won't arrest people.

I have a friend who borrowed 10,000 yuan from the bank several years ago and can't pay it back now. ...

It will be overdue, but banks are generally overdue for more than 3 months. In your case, you will face it at any time. I suggest you negotiate with the bank and repay the loan according to the agreement after reaching an agreement.

4. What should I do if the loan does not exceed 10,000 yuan? Will you go to jail?

First of all, overdue is a liability for breach of contract. The breaching party shall bear the due liabilities for breach of contract and bear the fine. As for whether to sit in prison or not, it depends on the verdict.

If the loan principal and interest are not repaid according to the repayment plan agreed in this contract, the bank has the right to recover all the outstanding loan principal and interest in advance and exercise the mortgage right in advance, and all expenses (including legal fees and attorney fees) incurred by the bank to realize the creditor's rights shall be borne by the lender. ).

After the loan, the borrower's financial situation is not static. Due to illness, business trip, temporary difficulties, etc., it may cause a certain degree of overdue repayment.

However, the loan contract signed by the bank and the borrower is very strict. After loans overdue, the bank often appealed to the borrower regardless of whether the borrower repaid all the money on time, asking the borrower to repay all the remaining loans in one lump sum and pay overdue interest. The resulting legal fees and preservation fees shall also be borne by the borrower.

Extended data:

First, loan skills

1. Choose the bank carefully.

At present, the competition between banks is very fierce. In order to gain more market share, banks will adjust the loan interest rate according to the loan interest rate range stipulated by the state. Therefore, when making loans, the fund demanders should "shop around" and choose low-interest banks to lend.

2. Agreement

Many fund demanders are very casual when signing bank loan agreements. In fact, this natural and unrestrained behavior shows that they lack a good sense of financing and financial management, and often pay more interest when lending, resulting in artificially "high interest rates." Because some banks' loan forms will make fund demanders pay more interest invisibly. For example, loans that retain the balance of deposits and loans that withhold interest.

The so-called retained deposit balance loan means that when the fund demander obtains a loan from the bank, the bank requires him to retain a part of the loan principal and deposit it in the bank account, so as to limit the fund demander from repaying the loan principal and interest on schedule. But for those who need funds, the discount of the loan principal is equivalent to paying more interest.

The so-called interest deduction loan means that some banks deduct all the loan interest from the lender's principal when issuing loans to ensure that the loan interest can be repaid on time. Because this method will reduce the loan funds available to the fund demanders and objectively increase the financing cost of the fund demanders.

3. Selection period

For those who need money, it takes a long time to use it. Therefore, in order to avoid paying more interest, when making a bank loan, we should plan the loan term reasonably.

It is also a loan. The longer the loan grade is chosen, the higher the interest rate will be. In other words, the longer the loan term, the different interest will be paid even if it is repaid on the same day.

If the loan term of the capital demander is 7 months, although it is only over the half-year time point of 1 month, according to the current loan interest-bearing regulations, only one-year loan interest rate can be implemented, which invisibly increases the loan interest burden of the capital demander. Generally, the term of a small loan company is 3 to 36 months, and that of a bank is calculated on an annual basis, 1 to 3 years. The mortgage type can be 10 year.

Step 4 find out the price difference

The loan management methods of the banking industry mainly include credit, guarantee, mortgage and pledge. Accordingly, when banks implement the loan interest rate, the floating range of the loan interest rate will be different. It is also a loan with the same application period and the same amount. If you choose the wrong loan form, you may bear more loan interest expenses and let yourself pay more for nothing.

Therefore, it is very important for fund demanders to pay attention to and understand the spread under different loan methods when lending to banks. For example, banks can provide loans with the lowest interest rate, such as discounted bills. If their own conditions permit, these two forms of loans are definitely more suitable.

Second, avoid risks.

1, it is necessary to strictly review the market access mechanism and review the qualifications of some private lending institutions. Private banks with certain funds that can operate according to law can be exclusively used by private financial institutions within a certain period of time; On the other hand, it is necessary to give a clear blow and ban to the seekers and maintain a good financial order.

2. The interest rate of private lending should be managed more transparently. To standardize this kind of private lending, we should fully consider the lending demand and incorporate it into our effective management methods, which can fluctuate according to the requirements of the lender's qualification level, and use some market competition to promote the development of lending norms.

3. Introducing loans into the real economy, people have a lot of capital, so where do they need to go? But we also need to enter the cycle of the real industry, so as to promote the sustainable development of the real economy. Instead of just wandering around as some free capital, it is better to use it legally and normatively.

4. It is necessary to strengthen the flow of private lending funds and implement effective management. It is necessary to set up some special supervision institutions to supervise their lending behavior, monitor and manage funds, establish perfect, sound and scientific import statistical monitoring indicators, and conduct necessary supervision and guidance on the flow and investment of some private lending funds to prevent some private mortgages from being everywhere.

5. Many intermediaries or "employers" of private equity funds are fake. Fake intermediaries usually make clients spend a lot of designated items to cheat, including the cost of issuing evaluation reports and due diligence attorney fees. If the above documents and legal acts are needed, the entrusting party must issue them by itself.