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Loans overdue is the most common dispute in private lending, and the debtor can't repay the loan on time, which has caused certain losses to creditors. In order to avoid the burden of litigation, the debtor should also actively negotiate and communicate with the creditors in time, and strive to reach a new repayment plan.
If loans overdue, what should the parties do?
This situation is the most common situation in loan disputes. Many creditors are distressed, and the money is lent out, just like "the meat buns hit the dog, and there is no return", and the repayment date is far away. For a loan with a generally agreed term, the creditor may require the borrower to repay it after the loan expires. If the borrower cannot repay the loan temporarily, both parties can agree to give a certain extension period through consultation and sign a written extension agreement. Is to appropriately extend the loan period, of course, the debtor's interest calculation period should also be settled until the date when he pays off the principal.
Contract law stipulates
Article 207 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.
Article 209 The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be postponed.
: won't you go to jail for borrowing money from the private sector?
According to the Criminal Law, the crime of refusing to execute legal documents that have entered into force by the people's courts will be sentenced to fixed-term imprisonment of not more than three years. The premise of this sentence is that if you don't pay back the money, you should go to court first. After the people's court makes a judgment, if the parties refuse to pay back the money, you can apply to the people's court for execution, but during the execution, you need to provide evidence that the person subjected to execution has property but does not pay back the money. People who owe money had better pay their creditors back in time, so don't make them angry. If you want to go to jail, you are in trouble.
Article 313 of the Criminal Law stipulates that whoever refuses to execute the judgment or ruling of a 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.
The fraud of "borrowing money without paying it back" refers to the fraud method in which the actor uses fictional facts or conceals the truth to defraud public and private property by borrowing money for the purpose of illegal possession. This kind of crime happens from time to time in daily life. Because criminals usually commit crimes under the guise of private lending, and it often happens between relatives, friends and acquaintances, it is similar to the dispute of creditor's rights and debts in civil cases. When dealing with such cases, strict examination must be carried out to prevent debt disputes from being regarded as crimes and to avoid hurting innocent people.
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