I owe Yixin money and I can't pay it back. He accused me of fraud and sued me. Will I go to jail?

This is a civil dispute and will not go to jail. If the company brings a lawsuit to the court and the debtor fails to perform the court's judgment after the court's judgment, it may apply to the court for enforcement. If the debtor has the ability to perform the judgment and refuses to execute it, the serious circumstances will constitute the crime of refusing to execute the judgment. If it is really difficult to perform, the court will also extend the performance time. If there is no money to pay back now, you can negotiate with the other party to pay back in installments.

According to Article 108 of the General Principles of Civil Law, the debts shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in 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 shall be forced to repay by the people's court.

According to Article 242nd of the Civil Procedure Law of People's Republic of China (PRC)? If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution from the relevant units.

The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.

When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.

Extended data:

Starting from the principle of fairness, the contract law gives the debtor many rights:

1. At the same time, exercise the right of defense. In a bilateral contract, if one party who should perform at the same time has evidence to prove that the other party cannot perform at the same time or in accordance with the agreement, it has the right to continue to perform the payment obligation. This right to continue to pay is to simultaneously perform the right of defense.

Article 66 of the Contract Law stipulates: "If the parties owe each other debts and fail to perform them in order, they shall perform them at the same time. One party has the right to reject the performance requirements of the other party before performance. One party has the right to refuse the corresponding performance requirements of the other party when the performance of the debt is not in conformity with the contract. "

Second, the right of defense after performance. In a bilateral contract, the party who should perform first fails to perform or fails to perform as agreed, and the other party who fails to perform or partially fails to perform at the time of performance has rights, which is the right of defense after performance.

Article 67 of the Contract Law stipulates: "If the parties owe each other debts and have the order of performance, the party who performs first fails to perform, and the party who performs later has the right to refuse its performance requirements. If the first performing party does not meet the agreement, the second performing party has the right to refuse its corresponding performance requirements. "

Third, the right of uneasy defense. The right of defense against anxiety, also known as the right of defense against prior performance, means that after the establishment of a bilateral contract, when the other party fails to perform or there is evidence to prove that the other party cannot perform its obligations, the party that should perform first has the right to unilaterally suspend the performance of the contractual obligations or provide a guarantee before the other party fails to perform.

Article 68 of the Contract Law stipulates: "If the party who should perform the debt first has definite evidence to prove that the other party has one of the following circumstances, it may suspend the performance:

(a) the business situation has deteriorated seriously;

(2) Transferring property or withdrawing funds to avoid debts;

(3) loss of business reputation;

(4) There are other circumstances that have lost or may lose the ability to perform debts. If a party suspends performance without definite evidence, it shall be liable for breach of contract. It should be noted that if one party suspends the performance of its obligations in accordance with the above provisions, it shall promptly notify the other party. After the other party provides appropriate guarantee, it shall resume performance.

After the suspension of performance, if the other party fails to recover its performance ability within a reasonable period of time and fails to provide appropriate guarantee, the party that suspends performance may terminate the contract.

Fourth, the right of defense of invalid creditor's rights.

Article 52 of the Contract Law stipulates that a contract is invalid under any of the following circumstances:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) Covering up illegal purposes in a legal form;

(4) damaging the public interest;

(5) Violating the mandatory provisions of laws and administrative regulations. An invalid contract is not legally binding from the beginning, and its performance shall be terminated if it has not been performed; If it has been performed, the property acquired by the parties as a result of the contract shall be returned;

If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities. If the parties collude maliciously and harm the interests of the state, the collective or a third party, the property thus obtained shall be returned to the state, the collective or the third party.

Baidu Encyclopedia: Debtor