1. Will you go to jail if you can't repay the loan?
Not going to jail. The inability to repay the loan is a civil dispute. If the debtor is temporarily unable to repay, it may repay by installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay may be forced to repay by the people's court. After obtaining the effective judgment of the court, if the debtor has the ability to perform and refuses to execute it, the serious circumstances will constitute the crime of refusing to execute the judgment.
Criminal law of the people's Republic of China
Article 313 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 a 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.
Second, what happens when an individual owes a bank loan?
1, personal credit is damaged.
2. be urged by the door.
3. Facing the risk of being sued.
3. Under what circumstances will default on bank loans be classified as untrustworthy enforcers?
"Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Persons Executed in Disbelief"
Article 1 If the person subjected to execution fails to fulfill the obligations specified in the effective legal documents, and under any of the following circumstances, the people's court shall include him in the list of people subjected to execution for breach of trust, and impose credit punishment on him according to law:
(1) Having the ability to perform and refusing to perform the obligations specified in the effective legal documents;
(2) Obstructing or resisting execution by forging evidence, violence or threats;
(3) evading execution by means of false litigation, false arbitration or concealing or transferring property;
(4) Violating the property reporting system;
(5) Violating the consumption restriction order;
(6) refusing to perform the settlement agreement without justifiable reasons.
4. How to write an installment repayment agreement when the loan owed to the bank is unable to repay?
Installment repayment agreement
Party A:
Party B:
Party A has business dealings with Party B, and Party A supplies glass fiber products to Party B, but Party B still owes part of the payment to Party A.. Party A and Party B have reached the following repayment agreement through friendly negotiation:
Article 1: Party A and Party B confirm that Party B still owes Party A RMB (in words) as of the date of signing this Agreement.
Article 2: Party A agrees that Party B shall repay the arrears in installments according to the following repayment plan:
Time and amount of repayment
Article 3: If Party B fails to make the payment on schedule as stipulated in Article 2 of this Agreement, it shall pay Party A a penalty of two ten thousandths of the amount of the default from the date of default. If Party B fails to pay any arrears on time or in full during the repayment process, Party A has the right to require Party B to pay the remaining arrears to Party A immediately.
Article 4: Party B has clearly understood the meaning, content, procedure and effect of notarization with enforcement effect according to the provisions of relevant laws. After careful consideration, Party B agrees to apply to Tongxiang Notary Office for notarization at any time after the signing of this agreement according to Party A's requirements, so as to give this agreement enforcement effect.
Article 5: Any lawsuit arising from the performance of this agreement shall be under the jurisdiction of the court with jurisdiction where Party A is located.
Article 6: This Agreement shall come into force as of the date of signing.
Article 7: This Agreement is made in duplicate, each party holds one copy, which has the same legal effect.
Party A: Party B:
Date of signing: Date of signing:
To sum up, you don't need to bear criminal responsibility if you can't repay. However, if the real estate and motor vehicles are mortgaged to the lending institution at the time of loan, the lending institution can exercise the mortgage right without repayment ability, which is similar to requesting the people's court to auction the mortgaged real estate judicially.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Paragraph 2 of Article 18 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the place of performance is not stipulated or clearly stipulated in the contract. If the subject matter of the dispute is the currency of payment, the place of performance of the contract is the place where the party receiving the currency is located; Where the real estate is delivered, the place where the real estate is located is the place where the contract is performed; For other targets, the place of performance of the contract is the place of performance of the contract. For contracts that are settled immediately, the place of transaction is the place where the contract is performed.