For those who don't pay back their debts, we must have a headache, but we have no choice. Don't be afraid. After 2019, the state will give up to seven years for those who don't pay back their debts. Therefore, the state is now cracking down on them severely. In addition to sentencing, there are still many measures to urge them to pay back their debts.
1. Influence on Laolai
(1) Lao Lai's only housing court can be auctioned
If the executee is 50 years old, and his son is 25 years old and has real estate, even if the executee has only one house, it can also be executed; if the executor has only one house of 100 square meters under the executee's name, the executor applies to provide a small area house for the executee according to the low rent house standard, which is necessary to maintain his life, then the house of 100 square meters under the executor's name can be executed; According to the local average rental price, the applicant provides 5 to 8 years' rental fees for the person to be enforced, and the 100 square meter house under the name of the person to be enforced can also be enforced.
(2) Lao Lai's virtual account can be sealed and frozen by the court
The funds in the network virtual transaction accounts such as Alipay, mobile payment and WeChat payment also belong to the property scope of the executor that the court can execute.
(3) The court can freeze and deduct Lao Lai's property online
From February 2016, the people's court and financial institutions will send electronic legal documents through the network, and receive the result data and electronic receipts from financial institutions for inquiry, freezing, deduction, disposal, etc. The executive judge can check, freeze and detain the financial property of the executee in more than 4000 banking financial institutions in China without leaving the home.
(4) Laolai list synchronization sesame credit, limited online shopping
The Supreme People's court and Zhima credit signed a memorandum of cooperation on credit punishment of the person subjected to dishonesty. Sesame credit, together with other application platforms such as Taobao, tmall, Shenzhou car rental and interest installment, comprehensively restricts the dishonest executors through Internet and other channels in consumer finance, ant small loan, credit card, P2P, hotel, house rental, car rental and other scenes.
(5) Laolai is not allowed to be a boss, senior manager and other life winners
Since December 2015, any natural person (i.e., "Lao Lai") who has been listed in the list of dishonest and enforced persons by the people's courts at all levels due to his / her ability to repay but refuses to repay all or part of the debts due will be subject to credit punishment and shall not act as the legal representative, director, supervisor and senior manager of any company nationwide.
(6) Lao Lai can't get on the highway
Traffic under the name of "Lao Lai" will also be restricted, and access to toll stations on expressways will be temporarily suspended, and the law enforcement of expressways will be transferred to the court for handling.
(7) Lao Lai's water, land and air travel are all blocked
Can't buy plane tickets; can't buy train soft sleeper and ship class 2 or above; can't buy high-speed rail and first-class bullet train seats; can't buy private cars instead of walking, old Lai people's water, land and air travel is blocked!
(8) Lao Lai and Gao Tongtong reject
Laolai can't arbitrarily consume in hotels, hotels, nightclubs, golf courses and other places with star rating or above; it's not allowed to buy or decorate houses; it's not allowed to travel or take holidays; it's even more difficult to apply for credit card and loan from the bank and pass the examination and approval!
(9) Restrict Laolai's stock speculation, house purchase and exit
Under the leadership of the national development and Reform Commission and the Supreme People's court, and jointly signed by 44 units including the people's Bank of China and the Central Organization Department, the memorandum of cooperation on joint punishment for dishonest executors was released to the public. The memorandum restricts Laolai's stock speculation, exit and purchase of real estate.
(10) Fixed income such as pension can be directly deducted
The pension due to the person subjected to execution shall be regarded as the fixed income of the person subjected to execution at the third party, which belongs to the scope of his liability property. According to the provisions of article 243 of the Civil Procedure Law of the people's Republic of China, the people's court has the right to freeze and deduct. However, before freezing or deducting, the necessary living expenses of the person subjected to execution and his dependants shall be reserved.
(11) the court used the new media to release the jitter video tiktok, exposing the person who failed to execute the letter.
The court of Xingning District of Nanning first launched a reward offering in the national court system, using the tiktok, which is executed by Zhou Yi Jun, the executor. When I was shaking tiktok, I saw the reward video released by the Xingning district court. I think it's disgraceful. My friends around me also saw it. 'on the same day, Zhou and his wife, the executee, came to the court together to express their willingness to cooperate with the court in disposing the real estate, and determined the specific disposal plan on the record, saving time for the next disposal of the real estate.
(12) Lao Lai can be sentenced to seven years at most
Article 39 of the amendment to the criminal law (9) stipulates: 'Whoever has the ability to execute a judgment or order of a people's court and refuses to do so, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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. '
2. Influence on Lao Lai's children
(1) Children are not allowed to attend private schools
Parents are Laolai and their children are not allowed to attend high fee private schools. Children's offspring will be influenced by you. How can you be so affectionate!
The original intention of the court is to urge the people who are dishonest to fulfill the obligations stipulated in the effective legal documents as soon as possible, rather than to restrict the legitimate right of children to receive education. This practice has sufficient legal basis as support.
At present, many courts are jointly punishing with the Education Bureau. The court will send judicial proposals to the District Education Bureau and the high fee private schools in the district. It is suggested that the dishonesty of the parents of the students should be examined when the relevant schools in the district recruit students. Children of those who are listed by the people's court as dishonest executors or restricted consumers shall not be admitted; students who have been admitted shall be ordered to drop out of school or transfer to a public school once they are found to be in any of the above circumstances.
(2) Children may be refused admission to University
In May 2016, Mr. Rao failed to make repayment according to the agreement after he borrowed 200000 yuan from the bank, so the bank sued Cangnan court. After the court's judgment came into force, Mr. Rao still refused to perform the effective judgment.
In March 2017, after the application of the bank, the case entered the execution procedure. After the court's efforts to pass various enforcement measures, it still failed to make Mr. Rao repay.
In July 2017, due to the deadline of the case, the execution procedure was terminated. However, Mr. Rao was included in the list of dishonest and enforced persons, limiting high consumption. Even so, Mr. Rao still hasn't paid back the money.
In July 2018, Mr. Rao's son's college entrance examination results came out, and his son was admitted to a famous university in Beijing.
Then the family received the notice of "if you don't pay back the money, you won't be admitted:" our school found your dishonesty in the qualification examination, please deal with it immediately, otherwise our school will not admit your child. '
(3) Children fail to pass the examination of civil servants, military schools, aviation colleges and Universities
In 2018, many provincial civil servants will enter the interview stage. After the interview, they will have a physical examination. After the physical examination, they will have a political examination stage. Only after the political examination can they become a real civil servant. However, in addition to examining the candidates themselves, the political examination also examines the candidates' immediate family members.
In the civil servants' political trial, one is to examine whether the candidates' immediate family members have criminal records. If the immediate family members have criminal records, the children's civil servants' political trial fails. If parents are Laolai, it will also seriously affect their children's civil servants, military schools and other political trials!
On May 24 this year, Tao, whose son was enrolled in the aviation college, asked the court in the place where the candidates and their family members were located to issue relevant certificates in the investigation materials for political assessment of candidates and their family members. However, because their parents were listed in the list of those who were dishonest, it was difficult to pass the examination of the candidates.
(4) Property under the name of minor children can also be enforced
In order to avoid debts, some old people register their houses in the name of their minor children. This method is not feasible! The court will comprehensively analyze the purchase time, property right registration time, debt situation and payment of the purchase price, and determine that the case involving the ownership of the house belongs to the Lao Lai, so the auction can be compulsorily evaluated!
3. Impact on the joint property of husband and wife
The common real estate can not exclude the enforcement of the court. Even if it is recognized as the personal debt of husband and wife, but there is a common real estate of husband and wife, the court can also evaluate and auction the common real estate of husband and wife according to law! After the auction, half will be reserved for the husband and wife.
In a word, if you don't pay back the money, you can be sentenced to 7 years at most, which may also affect the normal life of your children and husband and wife. You must be honest and trustworthy, repay the debt you need to pay back, and take legal measures to solve the high interest loan. Don't be a Laolai!