Article 675 of the Civil Code stipulates that the borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
Article 313 of the Criminal Law Crime of refusing to execute a judgment or written order Whoever refuses to execute a judgment or written order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine.
Second, how long can you stay in debt?
If the other party owes money, it can also bring the relevant loan voucher to the people's court, so that the court can judge the other party to perform the debt. After the court makes a judgment, the parties may apply to the court for the other party to execute the judgment. If the other party has property and refuses to pay back the money, then the court will seize the other party by compulsory execution and let the other party execute the judgment. However, if the other party has no property and cannot execute it, then the court cannot detain him at this time.
Article 102 of the Civil Procedure Law stipulates that 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.
Article 102 of the Civil Procedure Law stipulates that 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.
The court can't detain you.
If no settlement is reached through consultation between the two parties, they may request the court to file a case for settlement. After winning the case, if the other party fails to perform the court's judgment within the performance period, it may apply to the court for enforcement. When accepting enforcement, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law; In addition, there is no executable property under his name and he refuses to execute the effective judgment of the court. Therefore, his personal credit report will contain negative information such as overdue payment, and he will be restricted from high consumption and entry and exit, and may even be suspected of refusing to execute the judgment or ruling when the judicial detention is capable.
Third, the contents of the latest legislation have not been repaid.
(a) The only housing court that owes money to people who can't pay back the money can auction it.
There is only one set of housing, which is no longer the reason for Lao Lai to evade court execution. For example, if the person being executed is 50 years old and his son is 25 years old and has a real estate, even if the person being executed has only one house, it can be executed; There is only one house of 100 square meter in the name of the person subjected to execution. If the applicant provides a small-area house for the person subjected to execution according to the low-rent housing standard, then the house of 100 square meter under the name of the person subjected to execution can be executed; If the applicant executor provides the executor with a lease fee of 5 to 8 years according to the local average lease price, the house with 100 square meter under the executor's name can also be executed. For example, Liu Moumou in Shuyang, Suqian City, Jiangsu Province was involved in a private lending dispute, and his only house was auctioned by the court for 8 1000 yuan. Considering the needs of his future family life, the court paid him 50,000 yuan from the auction, which is equivalent to the local rental fee of about 6 years.
(2) Seal up and freeze Lao Lai Alipay account.
The funds in online virtual trading accounts such as Alipay, mobile payment and WeChat payment also belong to the property that the executed person can be executed by the court. Alibaba has dabbled in a wide range and has become an old lai. Book a tourist room, buy insurance, rent a house, date, etc. Online access will be restricted. For example, in 20 15 years, an old Lai in Fenghua City, Ningbo, Zhejiang Province owed more than 600,000 yuan and refused to pay it back, playing hide-and-seek with the judge. At first, the judge thought he had no money-he had more than 20 bank cards, and the one with the highest balance did not exceed that of 500 yuan.
(3) Click the mouse to freeze and deduct Lao Lai's property online.
From February 20 16, the people's courts and financial institutions sent electronic legal documents through the Internet, and received the result data and electronic receipts of financial institutions' inquiries, freezing, deduction and disposal. In the future, the executive judge can inquire, freeze and deduct the financial property of the executed person in more than 4,000 banking financial institutions across the country with a click of the mouse. Lai, it's not safe to deposit money in any bank in the future!
(4) The Lao Lai list is synchronized with the online platform, and online shopping is limited.
The Supreme People's Court signed a memorandum of cooperation with an Internet credit reporting agency to punish those who broke their promises. Together with the application platforms such as Taobao, Tmall, and Car Company, in the scenarios of consumer finance, microfinance, credit cards, p2p, hotels, renting houses, car rentals, etc., we will comprehensively restrict those who are untrustworthy through channels such as the Internet. Untrustworthy people are restricted from applying for loans and financing through Taobao or Tmall platforms, purchasing air tickets, train soft sleepers, insurance wealth management products, non-operating vehicles, travel and holiday products, booking hotels above three stars, and conducting luxury goods transactions online. Case: Zhao boarded the court's "Lao Lai" list because his mother used the property under his name as a loan guarantee. This list is synchronized to the processing platform, which leads to the reduction of Zhao's Alipay quota and the restriction of online shopping consumption.