At present loan had made tool of a lot of people's indispensable a kind of finance, no matter be to buy a room to buy a car or deal, a lot of people use loan likely. But something unexpected may happen any time, investment failure is caused as a result of a few special accounts after lending a bank loan, repay without money the loan of the bank also is constant some thing.

Still do not go up to bank loan this kind of thing, some friends may be afraid, in case oneself are penniless, do not have ability to repay the bank borrows money, is that meant want to be imprisoned?

The money that owes a bank actually attributes civil action this kind, do not offend the concerned regulation of criminal law, wanting authority only is the loan that goes applying for through normal channel, even if borrow money to still do not go up, unapt also go to be imprisoned that one pace, unless appear a few special situations.

After loan occurrence exceed the time limit, the bank can have order of a processing, won't easily sue everybody to the court to let everybody be imprisoned.

At present each loan of big bank examines and approve dispute to often father, it is so easy to want to obtain loan from the bank and be done not have. If be,go to a bank borrowing money with the individual's name, perhaps assure without pawn measure is very difficult obtain millions of loan. If be pure credit, majority person can be borrowed 500 thousand had been a top, if be an enterprise,go to a bank borrowing money of course, that says additionally.

But you no matter you owe a bank hundred thousands of or millions of, if your debt is not returned,normally the circumstance falls, silver-colored guild undertakes handling through the following program.

1, if have pawn, first sale pawn is obtained repay.

Going to a bank borrowing money at present is individual or enterprise basically want to offer relevant pawn no matter, unless be those very high grade clients.

If you are to pass guaranty to obtain loan from the bank, in you then exceed the time limit still does not rise later, bank of above of more than 6 months can pass forensic auction pawn to obtain repay.

2, the loan that if you are to pass security to assure,obtains, that bank can ask security undertakes repaying.

If your itself does not have pawn, but want to obtain the forehead to spend taller loan again, the bank can ask provide security commonly. And assure measure is divided again for run-of-mill assure and assure jointly.

If be run-of-mill,assure, in you yourself cannot refund, also can sell off without any asset use at repaying, that bank can ask guarantor undertakes repaying.

If be to assure jointly, in you yourself then exceed the time limit is not returned after going up, the bank can ask that individual that assures jointly undertakes repaying directly, if he does not agree,repay the bank also can is opposite through be being sued to the court his asset undertakes auctioning.

3, if be,borrow money with the name of the enterprise, still do not go up next money, that can undertake repaying through bankrupt means.

There were a lot of enterprises to borrow among reality millions of even a few ten million are not returned go up or quite much. For instance some enterprises borrowed from the bank millions of credit, next because manage not to be pooh-poohed, bring about an enterprise to be able to be used at repaying without relevant cash the bank borrows money. At that time the enterprise can apply for to undertake bankrupt liquidating, if liquidate earning enough to repay bank loan is best of course, if business failure is liquidated later, repay without ample remaining sum the bank borrows money, that bank can eat be unable to speak out about one's grievances only.

4, if everybody is really insolvent, that bank can include bad Zhang to undertake cancel after verification this fund only, can give company of tripartite property the package outside this bad assets at the same time.

At present every bank has bad Zhang rate, the bad loan rate of major bank is between 1.2%~2.5% , the bad Zhang that 6 months above exceeds to be not returned inside this also has many. In everybody loan appears after exceed the time limit, silver-colored guild thinks all sorts of method to undertake urging closing, reduce the loss to lowermost rate.

But after if the bank passes all sorts of urging,closing, borrower repays without any ability really debt, also do not have any belongings to be able to offer a sale, bank of more than one year of above is met commonly include this fund current bad Zhang undertakes cancel after verification, take one part to come out to undertake rushing selling from current bank profit next.

Of course, after bank cancel after verification borrows money this sum, did not mean everybody to need not be returned. Although this bad Zhang is on bank account cancel after verification, but the creditor's rights that the bank still has this debt, when borrower is capable to repay, the bank can ask borrower undertakes repaying at any time.

In addition, a lot of more current bank the bad Zhang to more than one year of above, give tripartite orgnaization the package outside it likely, for instance Hua Rong, letter is amounted to, oriental, 4 big capital fund manage the Great Wall company. The company has these asset to be urged professionally control a group, reach bad assets to handle way, they can carry a few trend of the borrower that monitor, the relevant asset of superintendency borrower account and under one's name, once discover the auction capital fund that can offer, after perhaps relevant Qian Jin enters bank account, undertake freezing delimiting turning with respect to requirement court.

Because special account is caused,be, that is to be imprisoned likely.

We also were mentioned in front, bank loan is a kind of normal civil action, won't offend commonly criminal law is relevant byelaw. But if everybody appears the following two kinds of circumstances, that is possible meeting is imprisoned.

The 1st kind of circumstance, suspicion that has diddle loan.

Between reality some people can pass production holiday data, the name that perhaps uses others applies for loan to the bank, some banks are examined and approve lax bring about loan likely to obtain through. If this kind of circumstance borrows outstanding the refus after borrowing Qian Zhi does not repay constitute loan crime of fraud likely.

Concern a provision according to our country law, loan crime of fraud is to point to it is a purpose with detinue, fictional introduce the false reason such as capital project, use false economic contract, use fake proof document, use false property right to prove to assure, exceed pawn value to repeat assure, or the action with the larger number that with bank of other method bilk orgnaization of other perhaps finance borrows money.

If be decided to be loan crime of fraud, that is imprisoned likely. Basis " criminal law " bank of bilk of the 193rd regulation is other perhaps the loan of financial orgnaization, number is larger, be in 5 years of the following set term of imprisonments or arrest battle, be in 20 thousand yuan of above 200 thousand yuan of the following fine; Amount is huge perhaps have other and serious plot, be in 5 years of above 10 years the following set term of imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine; Amount is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine perhaps confiscate property.

The 2nd kind of circumstance, capable to repay loan refus does not repay.

In everybody loan appears after exceed the time limit, if exceed 6 months above not to return a bank, general metropolis sues everybody to the court. The court can check all sorts of property of real authority in trying a process, include everybody is transferred intentionally likely or the asset of conceal. If everybody is capable to can repay, the court can make relevant report, ask everybody repays in the deadline in the regulation the loan of the bank, if exceed time limit later, borrower still does not carry out forensic judgment, can form refus not to carry out blame of court decision, ruling.

And according to criminal law the 313rd sets, capable to the adjudicative ruling of people court to carry out and refus is not carried out, the clue is in 3 years of the following set term of imprisonments badly, arrest battle or fine. The place with particularly serious clue 7 years 3 years the following set term of imprisonment punishs above gold. Of blame of the money before the unit makes, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, the regulation of the money before according to is punished.

So specific owe a bank millions of later, still do not go up how is silver-colored guild handled, want to be decided according to particular case. If everybody is really penniless, repay without any ability the loan of the bank, that bank also takes everybody to do not have method, after can waiting for everybody only rich repay again, if this does not have everybody all one's life,money repays the loan of the bank, the bank can admit only grew, do not cross such borrower ask for a letter to also be met black all one's life.