Legal analysis
If it is really unable to repay, it shall negotiate with the credit company to extend the repayment period or repay it in installments. If the credit company fails to perform the court's judgment within the performance period after suing the court and winning the case, it will apply to the court for enforcement. When the court accepts enforcement, it will inquire about the real estate, vehicles, securities and deposits under the name of the lender according to law. If the lender has no executable property under his name, refuses to perform the effective judgment of the court, and the negative information such as overdue repayment 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. Those who have the ability to refuse to execute are suspected of refusing to execute the judgment or ruling. Compulsory execution means that the people's court, in accordance with legal procedures and according to legally effective documents, uses the state's coercive power to clarify the specific content of execution, forcing civil obligors to perform their obligations, so as to ensure the realization of creditors' rights. The legally effective documents include, but are not limited to, civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, and payment orders. Once it takes effect, the debtor shall perform it automatically. Refuses to perform, the creditor may apply to the people's court for compulsory execution. The right holder who files an application is called the applicant, and the person named to perform the obligation is called the person subjected to execution. After compulsory execution, if there is still no money, the execution will be suspended, and after the suspension disappears, the execution will be resumed. If the court refuses to pay, it has the right to detain, which is also called civil detention in judicial custody. Restricting the personal freedom of people who seriously hinder litigation activities is a compulsory measure taken by the people's court to ensure the normal trial activities.
legal ground
Article 313 of the Criminal Law of People's Republic of China (PRC) refuses to execute the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.