The loan collection notice is issued to those who fail to pay back the loan within the time limit.

1. If the limitation of action is not full, for example, the payment period is two years, a reminder will be given within two years, and an overdue reminder notice will be issued. When the limitation of action is interrupted, it shall be recalculated twice from the date of signature confirmation.

2. If the limitation of action has passed, for example, the payment period is two years, and it will be paid after two years, and the parties sign the notice for confirmation, it is generally not considered as the interruption of the limitation of action, and the limitation of action is also counted as two years from the date of signing for confirmation.

Loan collection notice refers to the expression of the creditor's (bank's) intention to require the debtor (borrower's) to perform its obligations. In terms of statutory limitation of action, the notice of overdue loans is an important link in the recovery of overdue loans and plays a decisive role in revitalizing non-performing loans. In order to win the lawsuit, we must bring a lawsuit to the people during the limitation period. Limitation of action refers to the system that the rights of the obligee whose civil rights have been violated are no longer protected by the people's laws when the statutory limitation period expires. If a request is made in a lawsuit prescribed by law, the people will force the obligor to perform his obligations. People will no longer protect those who claim their rights within the statutory time limit.

Article 135 of China's General Principles of Civil Law stipulates: "Unless otherwise stipulated in the procedural law, people are requested to protect their civil rights." Therefore, the general statute of limitations of civil litigation in China is two years, and of course there are special statutes of limitations. For the legal relationship of overdue loans, the common statute of limitations, that is, two years, is adopted. The interruption of the limitation of action is due to certain legal reasons, which leads to the expiration of the limitation of action. After the reasons for the interruption of the limitation of action are eliminated, the limitation of action begins again. Article 140 of China's General Principles of Civil Law stipulates: "The limitation of action is interrupted due to the request or agreement to perform obligations. From the time of interruption, the limitation period is recalculated. " Within two years from the date of overdue loan, the borrower will interrupt the limitation of action against the bank through certain forms. Therefore, every time the borrower is overdue, the limitation of action will be interrupted for two years and recalculated, so as to ensure that the bank loan will not lose its legal protection because of the long time in loans overdue and avoid losing its right to ask the people to force the debtor to perform its obligations through legal procedures. In China's current financial system, most of the purposes are limited to the collection of loans, and the legal effect of the overdue loan collection notice is often ignored, which plays a legal role in interrupting the limitation of action. In practice, most loan officers don't realize that the collection notice is made, and they often make trouble without reason. Without witness, they go to the litigation procedure, and the borrower will defend the people on the grounds that there is no statute of limitations. As the obligee, that is, the bank will not be protected by law because the loan exceeds the limitation of action.

In my opinion, banks should pay attention to the following aspects when issuing overdue loan notices:

1. The overdue loan notice must meet the conditions stipulated by law, that is, it is reasonable and legal. First of all, filling should be strictly in accordance with the requirements stipulated by law; Secondly, in form, two copies should be used, one for the borrower and one for the bank. Finally, the validity should be confirmed by the borrower's signature, seal and fingerprint.

2. Correctly grasp the two-year statute of limitations. According to China's General Principles of Civil Law, banks should grasp the limitation of action, that is, at least once every two years to issue a reminder of overdue loans.

3. The importance of signing overdue loan notice should be treated correctly. After the loan officer sends out the collection notice, no one and the guarantor sign it in person, and the overdue collection notice will have legal effect. For borrowers and guarantors who refuse to sign, "after many visits, guidance and persuasion, they can sign the overdue loan notice by announcement". It is worth emphasizing that the loan officer can't give up the overdue notice for the loan that exceeds the litigation period, but should do everything possible to reduce the loss.

4. Ensure that the collection notice is well preserved. A collection notice issued by the loan officer shall be filed by the bank and kept in a counter box. Its importance should be equal to the loan receipt, providing strong evidence for loans overdue in the future. "Litigation is evidence". With the collection notice, the chances of winning overdue loan cases are in your hands. In short, as long as we can correctly grasp the legal function of the overdue loan notice, we can not only urge the borrower to return the loan as soon as possible, but also provide a legal basis for the overdue loan to enter the proceedings in the future.

2. The bank requires the guarantor to sign the dunning notice.

Legal analysis: Creditors can establish security interests in accordance with the provisions of this Law and other laws in order to ensure the realization of their creditor's rights in civil activities such as lending, buying and selling. When the borrower fails to repay the loan due, whether the guarantor (guarantor) wants to repay the loan depends on whether it is a general guarantee or a joint guarantee. Generally, the guarantor only assumes the guarantee responsibility when the borrower's property is still unable to perform the debt after being enforced according to law. The creditor may directly demand the joint guarantor to bear the repayment responsibility. The guarantee methods stipulated by law include guarantee, mortgage, pledge, lien and deposit. There are two ways to guarantee: general guarantee and joint liability guarantee. In general guarantee, the guarantor enjoys the right of defense of first action. That is, when the borrower fails to repay the loan at maturity, the creditor must first ask the borrower to repay the loan through litigation or arbitration. Only after the borrower's property is enforced according to law and the debt cannot be fulfilled, the guarantor will assume the responsibility of guarantee.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.

Article 680 usury is prohibited and the loan interest rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.

3. If the bank and the borrower forged the signature fingerprint of the guarantor, but the bank supplemented it. ...

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4. The bank maliciously fraudulently signed the loan guarantee collection notice?

The explanation of the bank's malicious fraudulent loan guarantee reminder is as follows: the bank maliciously defrauded the loan guarantee reminder, and you can also sue the banking regulatory bureau. The bank violated the rules, but the signature of the reminder does not mean that you will repay the loan. This will be tried.