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Will Dingde Foreign Affairs Department really go home?
If the family income is reduced due to unexpected events, and it is impossible to repay the loan (non-malicious), and the house is the only one in the family, banks generally will not and cannot adopt the way of auction or sale. But this debt still exists, and at most you can waive some interest. In addition, your reputation will also be affected, and your overdue information will be recorded in the "Credit Information" database. As long as you pay back the overdue two months (with a little overdue interest, not much), you can pay it back on schedule later, but try not to be overdue. The inability to repay is only a civil dispute and will not go to jail. If the creditor brings a lawsuit to the court, and you have the ability to refuse to perform the legal judgment, it constitutes a crime of refusing to perform the judgment, and you may go to jail.
Legal basis: Article 313 of the Criminal Law: The crime of refusing to execute a judgment or ruling. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine. The way to recover the company's debts is 1. Obtain the company registration information and all internal documents from the industrial and commercial department of the place where the debt company is registered, and find out the shareholders, registered capital verification account and bank of the debt company. To obtain this evidence, you can go directly to the industrial and commercial department through an attorney. 2. Obtain relevant evidence that the registered capital has been taken away from the bank where the debt company is registered for capital verification. There are two ways to achieve this goal: (1) by suing the debt company according to law, the shareholders of the debt company are regarded as defendants, and at the same time, in the course of litigation, the attorney (who must be a practicing lawyer and other non-practicing lawyers are not qualified) applies to the court for an investigation order, and then the bank will obtain the proof of the whereabouts of the registered capital when verifying the capital of the registered debt company, copy the relevant proof of the escape of the registered capital, and let the bank affix its official seal to confirm it. You can also directly apply to the court to obtain the relevant evidence of taking the registered capital from the bank when the debt company registers for capital verification.
Extended information (2) During the litigation, there was no mention of obtaining false capital contribution or withdrawing the capital contribution of the debt company. After the case is successful, in the process of applying for enforcement, the attorney should apply to the court for an investigation order or directly apply to the court for investigation and evidence collection.
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