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What will the court say if you owe someone 30 thousand yuan and are sued?
What will the court say if you owe someone 30 thousand yuan and are sued?

What would the court say if someone owed 30,000 yuan to be prosecuted? It is common to borrow money. The debtor owes 30,000 yuan to be repaid by the court. After the arrears are sued by others, they should be repaid according to the court's judgment. Let's see what the court will do to people who owe 30 thousand yuan.

If you owe someone 30 thousand yuan, what will the court do? /kloc-the debt of 0/30,000 yuan is a civil lawsuit, which is responsible for repayment, does not bear criminal responsibility and will not go to jail. If the repayment is not made within the prescribed time limit, the plaintiff may apply to the court for compulsory execution, and the court will seal up and freeze the property of the person subjected to execution according to law. If the person subjected to execution has the ability to repay the loan and intentionally breaches the contract, the court will put the person subjected to execution on the list of dishonesty, which will affect the daily life of the person subjected to execution, such as not being able to buy a high-speed rail ticket and going to jail if the circumstances are serious.

Criminal law of the people's Republic of China

Article 3 13

Refusing to execute the judgment or ruling of the 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; 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.

1. What are the consequences of being sued for arrears of 30,000 yuan?

1. The consequences of being sued for owing 30,000 yuan are:

(1) After the creditor wins the case in court, if the debtor fails to perform the judgment of the court within the performance period, the creditor may apply to the court for enforcement;

(2) When the court accepts enforcement, it will inquire about the property, vehicles, securities and deposits under the debtor's name according to law;

(3) Having the ability to refuse to execute the judgment or ruling.

2. Legal basis: Article 243rd of People's Republic of China (PRC) Civil Procedure Law.

A legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.

Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.

Article 245

If one party fails to perform the creditor's rights documents that the notary organ has given the enforcement effect according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce them.

If the notarized creditor's rights document is indeed wrong, the people's court shall rule that it will not be executed, and serve the ruling on both parties and the notary office.

Second, what are the conditions for prosecution?

1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;

2. There is a clear defendant;

3, there are specific claims and facts and reasons;

4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.

What will the court do if you owe someone 30 thousand yuan to be sued? What will the court do if you owe someone 30 thousand yuan to be sued?

The office should repay the loan as soon as possible. Evade legal responsibility. If it fails to pay back within the time limit or fails to pay back after two reminders, the parties concerned will be prosecuted. First of all, after repeated dunning, if the parties still do not repay, they will file a civil lawsuit with the court. After the people's court hears the case, if the parties still fail to repay the loan, they can transfer the case to the public security organ for investigation and formally establish it as a criminal case. After investigation, the public security organ will transfer the case to the procuratorate for public prosecution.

First, the debtor is unable to repay usually has the following treatment methods:

1. Negotiate with the debtor to obtain the details of the other party and extend or reduce the debt appropriately.

If you don't agree to postpone or reduce the debt, the debtor may take an extension. If you go to court, it usually takes half a year to a year for the debtor.

There is really no money to pay back. Even if the lawsuit is won, the court executor knows that the debtor can't execute it without money. Only when the debtor refuses to pay back the money can the court arrest people (including judicial custody or be investigated for criminal responsibility for refusing to perform the effective judgment).

Second, the matters needing attention in the loan

1, use as little cash as possible through transfer. Transfer voucher is the most direct and powerful evidence to prove the time and amount of loan or repayment.

2. There must be a written receipt. Once the other party denies the fact of borrowing, it is possible to lose the case.

3. Cash repayment must require the other party to issue a receipt. Otherwise, the lender refuses to repay, and the borrower's claim for repayment may not be supported.

4. Avoid exceeding the limitation of action. The limitation period for private lending is 3 years from the date of the expiration of the debt performance period, and the lawsuit will be filed after 3 years. Once the limitation of defense has expired, the lender has no evidence to prove that it has been urged, and may lose the case.

5. The guarantee period shall be agreed. Many loans are guaranteed by third parties. According to the law, there is no guarantee period, and the guarantee period is six months from the expiration of the main debt performance period. Once the lender can't prove that the guarantor has been urged within six months, the guarantor's guarantee responsibility is exempted.

How will the court decide if the debtor owes 30 thousand yuan to be sued? 1. What happens when the debtor owes 30,000 yuan and is sued?

If you owe 30,000 yuan to be sued, the court will generally ask the parties to repay the debt. However, if the party refuses to repay the debt after receiving the judgment, it is a criminal responsibility. The infringer may also ask the court for compulsory summons to pay off debts.

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.

If the people's court fails to execute the application for execution for more than six months from the date of receiving it, the applicant for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.

Second, what are the conditions for effectively requesting repayment of debts?

First, there must be documents that can prove the existence of the debt relationship.

IOUs, delivery notes, receipts, statements, bank records, etc. Can be used as evidence to prove the existence of debt relationship. It should be noted that if the debtor is a company, the certificate that can prove the existence of the debt relationship should be stamped with the debtor's seal; If the debtor is an individual, it must be signed by the debtor.

Second, there must be clear information about the debtor.

If there is a guarantor, provide the name, gender, age, work unit and address of the guarantor; If the guarantor is a legal person, the name, legal representative and address of the legal person unit shall be provided. If there is a guarantee agreement, a written guarantee agreement or guarantee clause shall be provided. If there is collateral, the name, quantity, price, storage place and the name of the custodian of the collateral shall be provided. Provide evidence that the debtor fails to perform its obligations within the time limit and fails to fully perform its obligations, as well as evidence that the debtor claims rights during the limitation of action.

After receiving the court summons, the breaching party shall go to the court in time and repay the infringer in time after the trial. If you refuse to repay, you may be included in the list of untrustworthy people, which will affect the future loans or other things of the parties. The execution work is carried out by the executor. When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a written record of execution shall be made and signed or sealed by the relevant personnel present.