Will you go to jail for suing consumer finance?

Will consumer finance go to jail immediately?

Immediately, financial overdue may lead to imprisonment, but it needs to be recognized as a criminal case. Ordinary loans are not civil disputes, and civil disputes will not be investigated for criminal responsibility, so they will not be sentenced to jail. There are mainly the following situations in which instant funds are overdue and are recognized as criminal cases:

1. Malicious non-repayment with repayment ability: this situation is malicious overdue. If the amount is relatively large, criminal responsibility may be investigated.

2. Malicious evasion of debts: this is also a relatively bad behavior. No matter whether you have repayment ability or not, if you don't communicate with the finance immediately after the deadline, you may be judged as malicious evasion of debt.

3. Fraud: It is illegal to provide false information to defraud loans. Finance can immediately decide whether to pursue the criminal responsibility of the lender according to the terms of the contract.

In short, the overdue spot finance is generally a civil dispute, and the borrower can negotiate with the spot finance to handle the overdue matters. As long as it is not a malicious breach of contract, it will generally not involve criminal cases and imprisonment.

As we all know, personal credit is equivalent to everyone's credit pass today, which records everyone's past credit behavior, and these behaviors will affect our future economic activities. In particular, because the online loan is overdue, it leaves a bad credit record on the credit report, and it may be rejected regardless of the application for car loan or credit card in the future.

Just search: Xiaotian Quick Check. Click Query and enter information in this small program to find your own 100-line credit data. The data comes from online lending platforms and UnionPay all over the country. Users can query their own big data and credit status, get all kinds of index data, and find their own personal credit status, blacklist, online loan application record, application platform type, online loan credit limit estimation and other important data information.

In short, the consequences of overdue credit reporting on online loans are very serious. Therefore, if the borrowed online loan is credited, it must be repaid on time, and it should not be overdue easily. Otherwise, you will have a credit stain if you are overdue, and it will take five years to "wash it off" after paying off the debt. If you don't pay it back, the credit stain will follow you all your life.

Will loans overdue go to jail for consumer finance?

Legal analysis: Under normal circumstances, it will not involve criminal offences, and it will basically not be sentenced or even sent to prison. However, if the lender finds any of the following circumstances when the repayment is overdue, it may also be sentenced. 1, suspected of fraudulent loans. 2. Suspected of loan fraud. 3. Suspected of malicious overdraft. If loans overdue is not caused by its own reasons, the lender should take the initiative to contact the lending institution to explain its actual situation and issue a "non-malicious overdue certificate" to avoid more serious consequences caused by credit.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 673 Where the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.

Article 674 The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.

Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.

Will you go to jail for suing consumer finance?

Inability to repay debts is only a civil dispute and will not go to jail. If the debtor fails to perform the debt as agreed, the creditor may bring a lawsuit to the people's court. If the debtor still refuses to pay after the court decision takes effect, the creditor may apply for enforcement. The court will enforce the debt according to the actual situation of the debtor. Even if the debtor is temporarily unable to repay, it can continue to enforce until the debtor pays off the debt. In addition, if the debtor has the ability to perform the repayment obligation but fails to perform it, the people's court may take or notify the relevant units to assist in taking other measures to restrict his withdrawal, record it in the credit information system, publish non-performance information through the media and provide for by law. Refusing to execute a court's civil judgment or ruling unless it has the ability to return it, or deliberately violently resisting when the court takes enforcement measures. In addition, the court can also take judicial custody against those who refuse to implement the court's judgment or ruling, and the longest period may be 15 days.

Legal basis:

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 a fine.