Current location - Loan Platform Complete Network - Loan intermediary - Gitzo sued me. What if I go to jail? No, it's a mobile phone loan.
Gitzo sued me. What if I go to jail? No, it's a mobile phone loan.
If you are sued by Gitzo, you will be fine as long as you pay off your debts within the time limit stipulated by the court. Generally, a debt dispute won't go to jail, but if the court decides that the debtor has the ability to repay the debt, but refuses to repay it, the court can impose a fine and detention according to the seriousness of the case, and those suspected of committing a crime shall be investigated for criminal responsibility.

According to Article 111th of the Civil Procedure Law of People's Republic of China (PRC), if a party 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 the 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. Article 253 stipulates that if the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay the delay in performance.

If it is sued by Gitzo Court, it can be handled according to the following steps: (1) Sign for all kinds of litigation documents served by the court, including the notice of responding, court summons, notice of proof, etc. Take the initiative to sign for various documents of the court, so as to know the court's arrangement of trial activities in time, know who is suing himself, know the specific content of the other party's prosecution, and make targeted preparations. (2) You can conduct litigation by yourself, or you can entrust one or two agents ad litem as needed. Specifically, the lawyer will represent the lawsuit and submit the power of attorney to the court. The power of attorney of a natural person shall be signed or sealed by the client; The power of attorney of a legal person shall be signed by the legal representative and stamped with the official seal. The power of attorney shall specify the entrusted matters and authority. (3) submit a reply. According to the law, the defendant should submit the defense within 15 days after receiving the copy of the complaint. When drafting the defense, we should pay attention to two points: first, pertinence, which can be aimed at one of the other party's claims or one or more factual reasons in the other party's complaint; Second, it's reasonable and well-founded, and we should use facts to refute each other's allegations. In the defense, you can admit or refute the plaintiff's request. If the parties think that the other party has also violated the contract or violated their legal rights in the dispute, they can also file a counterclaim. (4) Collect and submit evidence. Be sure to read the court's notice of proof in detail and give evidence in strict accordance with the requirements of the court. (5) Attend the trial on time. You can explain your position to the judge and know the details of the other party when you attend the trial. If it is really impossible to appear in court on time due to objective reasons, it may apply to the court to change the date of the court session. (6) after the court's ruling and judgment come out, if you are dissatisfied, you should appeal in time. The appeal period of the ruling is 10 days, and the appeal period of the judgment is 15 days, counting from the day after receiving the ruling and judgment.

Therefore, if it is a debt dispute after being sued, then it is generally not going to jail.

legal ground

Article 259 of the Civil Procedure Law If the person subjected to execution fails to perform the act specified in the judgment, ruling or other legal documents according to the notice of execution, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the expenses shall be borne by the person subjected to execution.

Article 111 of the Civil Procedure Law of People's Republic of China (PRC), 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.