Legal analysis
According to the description of the problem, "the credit union loan did not pay was sued" belongs to the private lending disputes, the credit union, once sued, in the court under the auspices of mediation, if the two sides reached a consensus, it will be the formation of a new borrowing relationship, if the mediation fails If the mediation fails, the court will make a judgment based on the facts of the loan, whether the borrower has the ability to repay does not affect the court's decision, the court ruled that if the borrower did not fulfill the time specified in the judgment, the winning party can apply for compulsory execution. During the enforcement process, the court will also require the borrower to provide a property report. When reporting on your property, do not risk concealing it and make sure you provide truthful information about your own property as the court verifies through other channels and can monitor the borrower's property status and source of income. If the borrower has the ability to fulfill but refuses to do so or conducts a property transfer or conceals property, etc., the borrower may be included in the list of executors with bad faith, restricting his/her high consumption behavior, and may even constitute the crime of refusing to execute the judgment and be sentenced to imprisonment.
Legal basis
The Supreme People's Court on the trial of private lending cases on the application of the law on a number of issues of the provisions of Article 1 of the provisions of this referred to as the private lending, refers to natural persons, legal persons and unincorporated organizations to carry out the act of financing between the funds. Article 3 of the Chinese People's *** and National Civil Procedure Law Article 3 The people's courts shall apply the provisions of this Law in accepting civil lawsuits brought between citizens, between legal persons, between other organizations, and between them on account of property and personal relations. Article 4 All civil litigation within the territory of the People's Republic of China*** and the People's Republic of China must comply with this Law. Article 144 If a defendant, summoned by a summons, refuses to appear in court without a valid reason, or withdraws from the court without the court's permission, a judgment may be rendered in absentia. Article 9 A people's court hearing a civil case shall conciliate the case on the basis of the principles of voluntariness and legality; if conciliation fails, a timely judgment shall be rendered. Article 226 Where a people's court fails to execute an application for execution for more than six months from the date of receipt of the application for execution, the applicant for execution may apply to a people's court of a higher level for execution. Upon examination, the people's court at the next higher level may order the original people's court to carry out the execution within a certain period of time, or it may decide that the execution shall be carried out by this court or direct other people's courts to carry out the execution. Article 313 of the Criminal Law of the People's Republic of China Refusing to execute a judgment or ruling of a people's court when it is capable of executing it, 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 particularly serious, he or she 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 the unit commits the crime in the preceding paragraph, the unit shall be sentenced to a fine, and its directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph.