If you owe the loan and don't pay it back, it's just a civil dispute. Under normal circumstances, he will not go to jail and will not be investigated for criminal responsibility. After the loan expires, within a period of time, the creditor will notify the borrower to repay by dunning. If the borrower still fails to repay the loan, the creditor will come to negotiate and solve it. If negotiation fails, the creditor may bring a lawsuit. After winning the lawsuit, if the parties fail to perform the court's judgment within the performance period, the creditor may apply to the court for enforcement. When accepting the execution, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law; In addition, if the debtor has no executable property and refuses to perform the effective judgment of the court, 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 punished by judicial custody. Those who have the ability to refuse to execute are suspected of refusing to execute the judgment or ruling. If recourse to the loan fails for many times, the creditor will directly deal with the collateral to pay off the remaining debts.
The process and execution time of applying for compulsory execution
Process and execution time of applying for enforcement:
1, the process is application for execution, court acceptance, notice of performance, preparation for execution and enforcement.
2. The execution time is generally six months, counting from the date of receiving the application for execution.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 224th of the Civil Procedure Law of People's Republic of China (PRC). After receiving the written objection raised by the debtor, the people's court, after examination, ruled to terminate the supervision procedure and the payment order automatically became invalid.
If the payment order becomes invalid, it shall be transferred to the proceedings, except that the party applying for the payment order does not agree to bring a lawsuit.
Article 226 When the people's court decides to accept the application, it shall notify the payer to stop paying at the same time, and make a public announcement within three days to urge the interested parties to declare their rights. The time limit for public summons shall be decided by the people's court according to the circumstances, but it shall not be less than 60 days.
Article 3 13 of the Criminal Code of People's Republic of China (PRC).
Whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
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.