If the bank brings a lawsuit to the court, and the debtor fails to comply with the court's judgment after the court's judgment, the bank can apply to the court for enforcement. If the debtor has the ability to perform the judgment and refuses to execute it, the serious situation will constitute the crime of refusing to execute the judgment. If it is really difficult to perform, the court will also grant a time limit for performance.
Article 108 of the General Principles of the Civil Law stipulates: "The debts shall be paid off. If the debtor is unable to pay for the time being, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. If the debtor is able to repay and refuses to repay, the people's court shall make a judgment to compel repayment." It can be seen from this that the debtor must repay the debts. But at present, there are two situations in society where debts cannot be paid, one is inability to pay, the other is ability to refuse to pay. The General Principles of the Civil Law only stipulates the above principles.
In practice, there are two different situations when the debtor is unable to repay: one is temporarily unable to repay. If this is the case, the debtor can repay in installments in accordance with the relevant provisions of the General Principles of the Civil Law. The other is permanent insolvency. If it is permanently insolvent, it can only pay off the debtor's personal existing property, which requires the court to hear, make a judgment, and then implement, that is, the creditor will take as much personal property as the debtor has available for implementation.
Borrowing between individuals should be careful. To lend money to a person, you must know the credit standing of the other party, that is, whether relatives and friends can exchange what they have. If the amount is large, in addition to the receipt of loan, the borrower should also provide security or use certain property as collateral as far as possible, so as to reduce the risk.
