Legal Analysis: loans overdue Repayment Meeting. After the online loan platform fails to collect money, their next step is to protect their rights and interests through legal means, so the borrower is likely to receive a subpoena from the court. At that time, you may have to use your existing property to repay the loan. Moreover, when the borrower still feels unable to repay the money, he may be investigated for criminal responsibility, and if the circumstances are serious, he may be sentenced to jail.
Legal basis: Article 585 of the Civil Code of People's Republic of China (PRC), the parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, and may also agree on the calculation method of damages for breach of contract.
Second, the credit card is overdue for judicial procedures?
The above questions can be consulted by lawyers, but the specific judicial procedures can refer to the overdue judicial procedures of credit cards: the overdue judicial procedures of credit cards can generally be divided into ordinary procedures and summary procedures according to the simplicity and complexity of cases. The general procedure is:
1,。 Usually in writing, there should be a clear defendant, specific claims, facts and reasons.
2. accept. After examination, the decision to file a case that meets the statutory conditions is filed.
3. Preparation before trial. Send a summons to the defendant, the defendant submits a defense, the two sides exchange evidence and allow self-mediation.
4. Open a court session. Court preparation, court investigation, court debate, appraisal and sentencing. Summary procedure is relative to ordinary procedure, and it is an independent first-instance procedure for grassroots people and their courts to hear simple civil cases. Summary procedure is only applicable to simple civil cases with clear facts, clear rights and obligations and little controversy; Simple procedures, simple procedures for accepting cases and simple summoning methods. The trial is conducted on an exclusive basis and the procedure is simple. Cases that are tried by summary procedure shall be concluded within three months from the date of filing. Summary procedure refers to an applicable procedure of administrative punishment on the spot, so it is also called punishment procedure on the spot. On-the-spot punishment means that administrative organs or statutory organizations give administrative punishment on the spot for administrative violations with clear facts, simple circumstances and minor consequences. The legal consequence of not returning the credit card is: 1, which will generate high overdue interest. 2. Will be sued by the bank, resulting in legal fees, attorney fees and other economic losses. 3. Individuals will have bad credit records, which will have an impact on future bank cards and loans. 4. If the amount owed is more than 6,543,800 yuan, which constitutes a credit card crime, criminal responsibility shall be investigated. To sum up, the credit cards handled in banks are provided by citizens in order to borrow bank funds in advance, but some citizens fail to repay their credit cards after failing to accurately estimate their repayment ability. After the accumulated amount exceeds the limit, they will be taken away by the bank, and the judicial process often takes many steps to make a judgment.
Third, borrow overdue judicial procedures.
If you have borrowed money and are able to repay it, you can repay it as soon as possible. After paying off the money, you can negotiate with the plaintiff to withdraw the lawsuit; If you are temporarily unable to repay, you can negotiate with the platform to repay in installments. If the platform does not agree, it can only wait for the notice of hearing before participating in the lawsuit. Loans are generally not overdue, unless the overdue amount is relatively large and the borrower is suspected of maliciously overdue. Once the loan is overdue, you need to pay off the principal, interest, overdue penalty interest and other expenses in one lump sum, otherwise you need to bear sanctions. The maximum loan amount is 300,000 yuan. If the overdue amount is tens of thousands or even higher, and it is overdue for more than 3 months, then even if it is seriously overdue, the long-term collection will be fruitless, and it is likely to be lost. Don't take chances. How to deal with being borrowed? If the user is borrowed, he can call Alipay's customer service hotline first, then go to the manual customer service, tell the manual customer service that he will repay the loan as soon as possible, and then let the loan be cancelled. The purpose of borrowing money is to let users pay it off as soon as possible. As long as the two sides reach an agreement and the user is willing to pay off the arrears as soon as possible, then the lawsuit will be withdrawn if the loan is borrowed. Even if the user does not actively contact the borrower, after the loan, the intervention is to let the two sides negotiate first. After the intervention, the two sides negotiated and the consensus was revoked. Only when the negotiations fail and a judgment is made will the negative impact become more and more serious. Therefore, as long as users are willing to pay off their debts as soon as possible, they will drop the lawsuit, so that users don't have to worry about the increasing negative impact caused by overdue. Even if the user is unable to pay off the overdue debt in one lump sum, he can apply to the borrower for negotiation repayment. Users with overdue time greater than or equal to 90 days can borrow it. If the overdue time is less than 90 days, the loan is mainly collected. Legal basis: Article 675 of the Civil Code stipulates that the borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.