If the other party doesn't pay back the debt, doesn't spend much money and has no assets, is that ok?

Things are far from what you think. If you have no money in debt, you can wait until you have money. It doesn't mean that the debtor is listed as untrustworthy, as long as it doesn't cost much, it can get away with it. Once the judgment comes into effect, the first thing to face is consumption restrictions, such as becoming an old lai, not taking a motor train, not taking a high-speed train, not flying, not staying in a star-rated hotel, not giving children a private school, and not starting a company. Secondly, once there is property under the name, it will be frozen and executed by the court, and it will be scary every day. If it is proved that there is a transfer of property, the court can freeze the relevant property at any time, and the quality of life will definitely be affected.

Paying off debts is a matter of course. First of all, it's a matter of character. People lend you money to tide over the difficulties, but they don't pay it back when others need it. There must be something wrong with this kind of person's character, and this kind of person is definitely not trusted in life.

Nowadays, many people who owe money don't pay back, go through divorce procedures and transfer their property just to not pay back. For this kind of old lai, once there is evidence to prove that it is a fake divorce, relevant evidence can be provided to the court, and the court executive department can seal it up according to law.

So don't believe Lao Lai is easy to do. Lao lai is a hard job and a technical job. Lao Lai can stay for one day, but never for a lifetime! People are doing things, people are looking at people, and justice is in the world!

Judging from our execution work, it is an objective execution failure for those who have no property to execute. The last step of the legal procedure is to terminate this execution procedure. Of course, in the future, the person subjected to execution can only apply for resumption of execution if he has property to execute. There is no time limit for applying for resumption of execution.

If there is no property, execution cannot be put in place, and what creditors want most is naturally not satisfied. Then our only measure now is to punish the executed person. How to punish the executed person, as well as the way and intensity of punishment, is indeed a problem.

From a practical point of view, there are actually two main ways of punishment. One is to include the person to be executed in the list of people who have lost their trust, which is what everyone calls the blacklist. Punish them from personal credit information and other aspects. The other is to limit the high consumption of the executed person. This is mainly to limit the choice of transportation and accommodation conditions for the executed person.

The effects of these two disciplinary measures really vary from person to person. But in practice, for most people, it does not play a certain role. After all, these people can already expect this result from the beginning of default. Predictable results are naturally more acceptable. In addition to the above two measures, some courts will also customize CRBT. This incredible color ring effect is actually ok, but it is easy for the executed person to change the communication number. There is also the detention of the executed person. The premise of detaining the executed person is to find the executed person, but in most execution cases, it is not easy to find the executed person, so the implementation ratio of this measure is still relatively low. There is also a more serious crime, which is to investigate the crime of refusing to execute the effective judgment. This is a criminal offence and requires imprisonment. However, with less judicial detention, this is naturally less. Although many people are calling for "imprisonment of Lao Lai", it is obviously unrealistic.

Therefore, if the person subjected to execution really has no money, then the measures we can take in law are still limited. Really, as the question says, there may be nothing but blacklisting and restricting high consumption.

If the person subjected to execution keeps this extreme situation: low consumption and no assets, the applicant and the court really have nothing to do with him. But are you sure you can stand this "zero assets, low income" day?

Let's not talk about "Lao Lai" transferring property and creating a situation where there is no illusion of property. This kind of life is the worst result. Why not try to pay back the money and live a good life?

Don't expect it to be good in a few years.

The court will investigate your property every six months within five years after the final execution of the executable property (ending this execution). If the executable property is found, it will be restored immediately, which means that you have to live the same life as the "minimum living allowance" for at least five years.

Moreover, although the court is not obliged to conduct regular investigations after five years, the applicant, that is, your creditor, can apply to the court to resume execution as long as it is determined that there is executable property in your name.

suggestion

If the debt can't be paid off in a short time, you can actively negotiate with the creditors, tell them the real situation, get the understanding of the creditors, and strive to earn money to pay off the debts. Our car loan and mortgage loan are all five years, 10 or even 20 years, so we work hard to make money. Who knows what will happen in the future?

People have been seeking inner peace and a clear conscience all their lives. Not to mention that you will face legal sanctions if you owe money. Do you really feel guilty about trusting someone who is willing to lend you money? Let's talk about the legal consequences you will face first: In addition to all the property being deducted from the auction, you will also be listed as an executor of bad faith, limiting high consumption, and judicial custody will bear the criminal responsibility of refusing to perform the judgment, withholding wages and keeping only the most basic living expenses, and withholding pensions.

I. List of Persons Executed in Breach of Trust (Blacklist) Article 1 of the Supreme Court's "Several Provisions on Publishing Information on the List of Persons Executed in Breach of Trust" stipulates that six situations can be included in the list of persons executed in breach of trust and be punished by credit. Once included, the personal information score is 0, and all credit-based economic activities have nothing to do with you, including loans, recruitment, and bidding with government and state-owned enterprise backgrounds.

Two. Restricting High Consumption According to the latest provisions of the Supreme People's Court Municipality on Publishing the Information of the List of People Being Executed for Breach of Trust, if the person being executed is a natural person, after taking measures to restrict consumption, he shall not have the following consumption behaviors that are necessary for high consumption and non-life work:

Relevant departments will restrict their participation in government procurement, government bidding, government support, administrative examination and approval, financing and credit, market access, qualification certification, etc., and urge them to perform automatically.

3. Will judicial custody be afraid of judicial custody in fifteen days? Free food and drink in the detention center.

At the time of execution, the Executive Board will mail you a property report order. If you refuse to report or make a false report, the people's court may take judicial custody against you. How many times can you be detained a year? Unlimited times, reasons for detention, ten fingers can't count.

Four. Bear the criminal responsibility for refusing to perform the judgment or ruling. Article 313th of the Criminal Law stipulates that if a people's court refuses to execute a judgment or ruling, if the circumstances are serious, it shall be investigated for criminal responsibility for refusing to execute the judgment or ruling. The Supreme Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Refusing to Execute Judgments and Ruling Criminal Cases further refines the criteria for the establishment of charges, clarifies that public prosecution can be turned into private prosecution, and increases the punishment for Lao Lai.

Five, wages, pensions, leaving only the basic living expenses. Are you afraid of living a tight life when you are old? You always have to pay back the money you owe, and you must be conscientious. There is nothing to say.

There are also some people in real life who just don't pay back the money they owe others. If these people have a hard life and really can't afford to pay back the money, that's understandable.

However, some people, who eat and drink well by themselves, obviously have money, but they don't want to pay their debts. For such a person, it is Lao Lai. It is best to solve it through legal proceedings. If they don't pay back the money, they can ask the court to enforce it according to law.

Now there is a way to deal with the old lai, that is, to list these old lai as untrustworthy, limit their high consumption and investment and financial management, and urge them to pay back the money.

This has also caused some people to misunderstand this provision: they think that as long as the debtor does not spend too much and has no property to execute, then the law can't help him.

This idea is wrong. Restricting high consumption and enforcing the property of the person subjected to execution according to law is only one of the enforcement measures. For the person subjected to execution, if he owes money to the court, other compulsory measures can be taken.

For example, the property and bank deposits of the executed person can be sealed up and frozen, and the executed person can also be detained and fined. For those who refuse to implement the court's ruling, the court can completely convict and sentence them and investigate their criminal responsibility.

Therefore, owing money does not mean not spending too much. Without assets, nothing will happen. The law has many ways to deal with these lazy people.

"The other party's debts are not repaid, the consumption is not high, and there is no asset" is not useless!

The person subjected to execution shall report the specific property to the court in a timely manner in accordance with the requirements of the court's ruling on reporting property, so as to facilitate the court's execution. The enforcement court shall, within 10 days after receiving the creditor's application for enforcement, issue an order to declare the property to the person subjected to execution, and attach an enforcement notice to urge the person subjected to execution to perform the debt in time.

If the person subjected to execution has a certain income (such as salary, remuneration, etc.). ), he shall, after deducting the normal and reasonable expenses of himself and his family, "as far as possible" perform his debts to the creditors. And can't refuse to perform without justifiable reasons.

If the person subjected to execution violates the property reporting order and fails to perform the property reporting obligation in time, the court will adopt the method of "blacklist of the person subjected to dishonesty" according to law, and open the "blacklist" to the public through public channels such as the media to urge the person subjected to execution to fulfill his debts in time and limit his high consumption;

If the person subjected to execution violates the property reporting order and fails to perform the property reporting obligation in time, the enforcement people's court may impose judicial custody on him.

If the person subjected to execution has a certain ability to perform the debt and refuses to perform it, it constitutes a crime of refusing to perform the judgment or ruling, and the people's court may impose judicial custody on him. If the circumstances are serious enough to constitute a crime, the people's court shall transfer the materials to the public security organ for investigation on the crime of refusing to perform the judgment or ruling.

The people's court where the creditor applies for compulsory execution and accepts the execution shall be responsible for the execution.

The enforcement court conducts investigation and control on the property of the person subjected to execution through online investigation and control, and when there are certain clues (which can be provided by the applicant), it conducts investigation and control on the property of the person subjected to execution at relevant departments, banks, securities institutions and property rights registration departments.

After accepting the case, the enforcement court shall, within ten days after receiving the creditor's application for enforcement, issue a property report order and an enforcement notice to the person subjected to execution.

For the "Lao Lai" who has certain execution ability and refuses to execute, the judicial detention of the execution court is a more effective way to collect debts.

As long as it is not fraud, it does not constitute a crime, the debt is not repaid, the other party has no money to repay, and there is no asset, it is on the list of dishonesty. There's nothing the court can do. Transferring assets without paying back the money violates the enforcement law. The court can criminally detain you, and if it is serious, it can be sentenced, but it is not all right. As long as the other party is alive and you have money, you can execute it, and all your bank cards will be frozen forever, only you can't get it.

Usually, if the debt is not repaid, the debtor will be sued by the creditor. The court will give priority to freezing the debtor's property, such as deposits and real estate. But if the other party has no property to execute at all, there are several ways.

In addition, don't think that you can live a stable and profitable life without asset execution now. The court will investigate the property every once in a while, and the court can re-execute it as long as the debtor owns any property in the future. Even if you succeed in finding a job, your salary will be deducted.

Therefore, I suggest that you don't take any chances in debt. Honest debt repayment is the best responsibility for creditors, yourself and your family.

Dealing with long-term debts and taking advantage of legal loopholes, I thought I could feel at ease without high consumption and fixed assets. For this kind of debt, we should take up legal weapons and actively recover it. The procedure is:

The first is to collect evidence, identify evidence, fix evidence and self-examine the evidence to be provided to the court. At this stage, the key is to examine the evidence to be provided to the court one by one to ensure that the evidence extraction procedure is legal, the evidence collection is legal, the real evidence is provided, the evidence is closely related, the evidence is mutual evidence, the evidence is legal and effective, and the evidence chain is formed, and the crime of perjury should be eliminated one by one.

Second, make an indictment to ensure that it passes the court's prosecution review and applies for filing a case. The indictment has a special format and must be made according to the requirements of the law, and then the evidence and the indictment are submitted to the court for review and filing.

Third, get the effective judgment and apply to the court for execution. After the court has passed the case review, it will hold a public hearing and accuse each other in court, and the other party will provide evidence to the contrary. The court will make a judgment according to the facts and laws and obtain a judgment to fix the facts of debt collection.

Fourth, apply for debt collection and enforcement. Debt collection procedures will be conducted under the guidance of the court. If the debt is not paid within the time decided by the court, the court will let Lao Lai enter the list of dishonesty and openly accept the supervision of the society on Lao Lai. The credit information system will blacklist Lao Lai, and when credit conditions such as loans are needed, the other party will be restricted everywhere. If you can obtain evidence that the other party is able to repay the debt and intends to breach the contract, the court will help you enforce it.

Paying back debts is an axiom, and there are also provisions in the law, such as refusing to execute judgments, ruling crimes, and making public credit information, hoping to let Lao Lai have nowhere to hide, which is also the fashion of public trust.

Yes, there's nothing you can do about it.

It is generally included in the list of untrustworthy people and restricts consumption. In more serious cases, those who fail to pay the arrears will be fined and detained.

Now many cities will publicize the names and photos of the untrustworthy people in their cities on the big screen near the traffic lights; Some people also set their ringtones like this: this person is a treacherous person. These can only be simple notices, which can't solve the problem. Because this has no solution! First of all, owing money is not a civil dispute, and generally criminal responsibility will not be investigated.

Secondly, after the creditor wins the case in the court, if the debtor fails to perform the court judgment within the performance period, the creditor may apply to the court for enforcement. When accepting enforcement, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law.

If the debtor has no executable property under his name and refuses to perform the effective judgment of the court, his overdue repayment and other negative information will be recorded in his personal credit report, and he will be restricted from high consumption and entry and exit, and may even be punished by judicial custody.

Those who have the ability to refuse to execute the effective judgment of the court may be suspected of refusing to execute the judgment or ruling and shall bear criminal responsibility. Article 313 of the Criminal Law stipulates that whoever refuses to execute a judgment or ruling that the people's court has the ability to execute, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.