Will I be imprisoned if I am prosecuted if I owe money?

Failure to repay the money I owe is a civil act and generally does not constitute a criminal offense, so you will not go to jail. Refusing to execute the court's civil judgment or ruling unless the person is indeed able to return it, or deliberately resisting violently when the court takes enforcement measures. In addition, the court may impose judicial detention on the person for up to 15 days for refusing to implement the court's judgment or ruling. Article 313 of the Criminal Law stipulates that whoever refuses to execute the judgment or ruling of the people's court despite being able to do so, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; if the circumstances are particularly serious, he shall be sentenced to three years in prison More than seven years and not more than seven years in prison, and shall also be fined. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

1. What are the consequences of not repaying the money you owe and being sued

Late payment fees will be imposed and the debtor will bear liquidated damages; if the debt is still not repaid after the court's judgment, it will be included in the credit blacklist. list; those who use fictitious facts or conceal the truth for the purpose of illegal occupation to defraud large amounts of public or private property may constitute a crime of fraud and will be held criminally responsible.

According to Article 675 of the Civil Code that will be implemented in 2021, the borrower shall repay the loan within the agreed time limit. If there is no agreement on the loan period or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, the borrower may return the loan at any time; the lender may urge the borrower to return the loan within a reasonable period of time.

2. What to do if the debt cannot be repaid

Legitimate lending relationships are protected by law. For loans between citizens, if both parties have an agreement on the return period, the agreement should generally be followed processing;

If there is no agreement, the lender can request return at any time, and the borrower shall return it in time according to the lender's request;

If it is temporarily unable to return, it may be ordered to pay in installments according to the actual situation return.

For the objective situation that the debtor is temporarily unable to repay, on the basis of good faith, the creditor can sign a repayment agreement with the debtor to stipulate in detail the time and amount of installment repayment and related defaults. Responsibilities, etc., to protect one's own property from damage.

In addition, creditors can also choose to file a lawsuit with the People's Court to safeguard their legitimate rights and interests. After the People's Court makes a judgment on the case, based on the enforcement application of the executor, the person subject to execution has no ability to pay money. , the People's Court has the right to rule to take measures to seal up and detain other properties of the person subject to execution, and entrust an auction agency to conduct auctions and price changes; the People's Court may also directly issue a notice of assistance in execution to the unit of the person subject to execution, and the unit shall retain the person subject to execution. After the executor has made necessary living expenses, a certain amount of RMB will be withheld from the salary of the person subject to execution every month to fulfill the repayment obligation until the repayment is completed. ?