(1) For administrative detention, in general, the detention period is 15 days. In the case of 15 days, no matter whether it has the ability to bear the repayment responsibility, it will not continue to be detained.
(2) If it is criminal detention, because the detention period is 37 days, you may be detained for 15 days, regardless of whether you have the money to pay it back.
According to the law, being detained for 15 days is only a compulsory measure to urge debtors to perform their debts. However, if the debtor still fails to repay the debt after the seizure expires, it may face further legal consequences. These consequences may include: 1. The court may issue an execution order to seal up, freeze or auction the debtor's property to pay off debts; 2. The creditor may bring a lawsuit to the court to demand confirmation of the debtor's breach of contract and claim compensation for the corresponding losses; 3. The debtor's credit record may be damaged, thus affecting his future credit loans and other financial transactions. Therefore, the debtor should perform the debt as soon as possible to avoid further legal consequences and the influence of bad credit records. You must consult a professional lawyer for specific suggestions, because legal provisions may vary according to regions and specific situations.
Criminal detention is a safeguard measure in criminal proceedings and a litigation act. Its purpose is to ensure the smooth progress of criminal proceedings, and it is not punitive in itself. Criminal detention is only a compulsory measure in criminal proceedings. If the investigation is conducted by the public security organ in charge of investigation and does not constitute a crime, the case shall be dismissed. If there is, it will be handed over to the corresponding procuratorate for prosecution, and then the procuratorate will review the case. If it does not constitute a crime, it shall be returned to the investigation organ. At this point, the compulsory measures against the criminal suspect will be lifted. Is considered to constitute a crime. Then a public prosecution is brought to the corresponding court, and the investigation period of whether the court decision constitutes a crime is generally two months.
To sum up, if you don't pay back the money you owe, the court will enforce it. judicial custody's executed person can be detained again within one year. The longest time in judicial custody is no more than fifteen days. If the debtor refuses to repay the amount owed, and still refuses to repay after being detained 15 days, according to the law, if the debtor has the conditions but refuses to execute the judgment of the people's court after being judged by the people's court, the people's court has the right to take him into judicial detention; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Laws and regulations:
People's Republic of China (PRC) Civil Procedure Law
Article 242
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
Article 244
If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.