在香港,借錢唔還雖然不被視為刑事罪行,但債權人仍然可以通過法律途徑追討欠款。債務人可能面臨法律訴訟、禁止出境、破產等後果。本文將詳細分析這些後果,並提供解決方案和相關法例。

一、借錢唔還的法律後果

民事訴訟

債權人可以向法院提起民事訴訟,追討欠款。在香港,債主可由違約當日計起6年內,入稟法院追債。對應法院視乎申索額而不同:

75,000 港元或以下:小額錢債審裁處;
75,00 港元至100萬港元:區域法院;
100萬港元以上:高等法院。
如果法院判決支持債權人,債務人需依法還款。若債務人不遵守法院命令,可能被追究藐視法庭罪(《刑事程序條例》第 127 條)。

禁止出境

在某些情況下,債務人可能會被禁止出境。例如,債務人已被宣告破產,或者債務人涉及跨境欺詐案件,法院可能會發出禁止令,限制債務人出境。一般來說,禁止出境的令狀是為了保護債權人的權益,防止債務人逃避債務。

 

破產

債權人可以申請將債務人宣告破產(《破產條例》(第 6 章))。破產後,債務人的資產會被破產管理人清算,用於償還債務。破產人士的信用將受損,破產記錄將被保留長達 8 年。

解決方案和法例

債務重組

債務人可以嘗試與債權人達成協議,重新安排債務。《公司條例》(第 622 章)第 166 條設有公司債務重組機制,但個人債務重組需要與債權人直接協商。

 

債務舒緩

債務人可以向債務舒緩計劃提出申請,尋求減免利息或延長還款期限。在香港,社會福利署的「債務舒緩計劃」為有需要的市民提供協助。

 

還息不還本

債務人可以與債權人協商,暫時只支付利息,不還本金。

 

結餘轉戶計劃

將債務整合至一個低利率帳戶,有助於減輕還款壓力。香港金融管理局的「結餘轉戶計劃」為有需要的市民提供協助。

 

法律援助

若債務人無力聘請律師,可以申請法律援助。在香港,《法律援助條例》(第 91 章)規定了法律援助的申請和審核機制。

 

預防借錢唔還的方法

 

簽訂借貸合約

為保障雙方權益,借款雙方應簽訂書面合約,明確載明借款金額、利息、還款期限等條款。此外,合約應具有證明效力,例如經公證人或律師見證。

 

保留借款證據

債權人應保留借款證據,如銀行轉賬紀錄、支票、收據等。在追討欠款時,這些證據有助於證明債務存在。

 

及時追討欠款

根據《限制法令》(第 374 章),債權人應在違約當日起 6 年內提起訴訟。過期後,債權人將無法通過法律途徑追討欠款。

 

借錢唔還在香港不屬於刑事罪行,但債權人可通過民事訴訟、禁止出境令和破產等方式追討欠款。債務人應及時與債權人協商,尋求債務重組、債務舒緩等解決方案。同時,借款雙方應簽訂書面合約,保留借款證據,以保障各自權益。

債務問題對個人和家庭帶來嚴重影響,可能導致心理壓力、家庭矛盾、信用受損等問題。因此,借款前應充分評估自己的還款能力,避免陷入過度負債。同時,債權人應保持警惕,及時追討欠款,以免權益受損。

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