Yes. The loan relationship belongs to the civil legal relationship, and the dispute between the two parties belongs to the civil dispute. Civil disputes can be settled through consultation, and mediation after prosecution also belongs to negotiation. During the negotiation, as long as the lender agrees, the debtor can make any request. The debtor can completely ask the lender to give up the claim of interest, but only ask for repayment of the principal, and the principal is also repaid in installments. Of course, the debtor has the right to make a request, and the lender also has the right to decide whether to agree to the debtor's request. If the lender agrees to the debtor's request, then the two parties reach a mediation agreement; if the lender does not agree, then no mediation agreement can be reached, and the people's court will make a judgment according to law.
Legal basis:
Article 96 of the Civil Procedure Law of the People's Republic of China
An agreement reached through mediation must be reached voluntarily by both parties, without coercion. The contents of the mediation agreement shall not violate the law.
article 97 when an agreement is reached through mediation, the people's court shall make a mediation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation. The conciliation statement shall be signed by the adjudicator and the clerk, stamped with the seal of the people's court and served on both parties. The conciliation statement shall have legal effect after it is signed by both parties. Can you negotiate repayment after being sued?
Can you negotiate repayment after being sued?
Can you negotiate repayment after being sued? In the process of interpersonal communication, there must be a debt relationship. It is a natural thing to pay back debts. Therefore, lenders should keep the evidence materials with loan vouchers. Can you negotiate repayment after being sued?
Can you negotiate repayment after being sued? 1
1. Can you negotiate repayment by installments after being sued?
1. Before the court makes a judgment, there will be enough time for both parties to negotiate. According to the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, under special circumstances, if it is confirmed that the credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the issuing bank can negotiate with the cardholder on an equal footing and reach a personalized installment repayment agreement. The longest term of personalized installment repayment agreement shall not exceed 5 years.
2. After the court decision, the possibility of negotiation is very small, depending on the attitude of the bank.
3. If the cardholder fails to perform the repayment plan according to the negotiated settlement agreement after negotiation, the bank can still request the court to execute the cardholder according to the original judgment.
second, what will happen to the credit card after being sued?
after being sued, the court will serve a complaint to the defendant, and the defendant will arrange a trial after replying. If the cardholder fails to perform the court's judgment during the performance period after the bank sued the court and won the case, the bank may apply to the court for compulsory execution.
3. which is more serious, credit card or online loan?
compared with online loan, credit card debt is more serious. Loans, credit cards and online loans that are subject to credit reporting will gradually empty their debts according to the law of emergency first. Regardless of online loans or credit cards, each loan has a date of borrowing and a date of repayment, mainly considering the date of repayment. The loan cycle of credit card will be shorter than that of online loan, but you can use the minimum repayment to appropriately slow down your repayment urgency.
Can you negotiate repayment after being sued? 2
1. How to go about the process of suing for arrears
It includes filing a complaint for filing-the court issues a notice of acceptance-the court organizes both parties to exchange evidence, the defendant submits a defense-the trial is held, cross-examined and debated-the judgment is announced-and the judgment is effective and executed.
proceeding before prosecution is beneficial to safeguarding rights and interests and enforcement.
1. According to the law, when the court examines the prosecution of a loan case, it shall require the plaintiff to provide a written receipt; If there is no written receipt, the necessary factual basis shall be provided. A lawsuit that does not meet the above conditions is ruled inadmissible.
2. If the debtor of private lending runs away and his whereabouts are unknown, whether the court decides by default or suspends the lawsuit depends on whether the lending relationship is clear. If the lending relationship is clear, the court will make a judgment by default; If the loan relationship is unclear and the facts are difficult to find out, the lawsuit will be suspended. Therefore, the lender should keep the evidence of "clear loan relationship", such as the loan voucher, otherwise once the borrower disappears, the case will be "suspended indefinitely".
3. In the case of loan dispute where the debtor's whereabouts are unknown when the creditor sues, the court will announce and summon the debtor to respond after accepting it. If the debtor still fails to respond to the lawsuit after the expiration of the announcement period, if the loan relationship is clear, the judgment may be made by default after trial; If the loan-loan relationship cannot be ascertained, the lawsuit shall be suspended.
2. What evidence is needed for the prosecution of personal debt disputes
1. Identity information of both parties to the lawsuit.
a natural person must have an identity card or household registration book, while a company, enterprise or institution needs to provide business license, enterprise registration information and other materials. If the information is changed, it needs to provide the changed information.
2. Information to prove the existence of debt.
It is also necessary to provide evidence of the existence of debt disputes, for example, if there is a loan relationship, provide a loan contract or an IOU; Provide waybill, receipt and other materials for the business relationship.
3. evidence of repayment or non-repayment due.
in addition to the proof of the existence of debts, such as IOUs, there is also evidence that the other party refuses to repay due debts, or that part of the debts have been repaid and the rest has not been repaid, such as repayment commitment letter.
4. Evidence to prove that the other party refuses to perform the debt.
for example, if there is recorded material to prove that the other party refuses to perform the debt, or there is other evidence to prove that the other party's debt is not paid when it is due, it is better to have a witness and witness testimony.
5. In the debt relationship, if there are intermediaries such as guarantors or introducers, it is also necessary to provide the information of these intermediaries. If the intermediaries are in the company, it is also necessary to provide the basic information of the company.
3. Time for suing for personal debt disputes
1. After borrowing money, if the debtor fails to repay the money or the loan contract is unclear, which leads to personal debt disputes, he can go to court for prosecution, but the court should prosecute within the prescribed time limit
2. The statute of limitations for personal debt disputes is as follows:
(1) For private loans with regular repayment, the statute of limitations is three years from the date of repayment.
(2) For private loans with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues a debt note with no repayment date, it shall be deemed that the limitation of action is interrupted, and the limitation of action shall be recalculated from the day after receiving the debt note (three years).
(3) For non-regular repayment of private loans, that is, private loans with no repayment date specified, they are not limited by the statute of limitations, but are limited by the maximum protection period of 2 years.
(4) if the borrower explicitly refuses to repay the irregular private loan (of course, the borrower will prove that it has explicitly refused to repay), the statute of limitations period of three years will apply from the date when the borrower explicitly refuses to repay.
(5) For private lending beyond the limitation of action, if both parties reach a repayment agreement on the original debt, or the borrower signs the dunning notice, it will be regarded as a reconfirmation of the original debt, and the creditor-debtor relationship shall be protected by law. Can I still negotiate repayment after the credit card is sued?
Yes. If a party is sued for overdue credit card, it is a civil debt dispute. It is suggested that the party should repay the arrears as soon as possible, so that the bank will not prosecute the party. When the collection of malicious overdraft is invalid at the issuing bank, in addition to immediately stopping payment, you should also contact the guarantor as soon as possible and ask him to fulfill the guarantee responsibility when it expires. When the bank sues you, you can still negotiate with the bank. Of course, the bank may refuse to make adjustments. For example, in the case of serious overdue cases, credit card holders should consult with the bank, and only when the debts are paid off before the court decision can the punishment be reduced, but in serious cases, most of them will still go to jail.
legal basis: article 196 of the criminal law: under any of the following circumstances, whoever engages in credit card fraud, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank.
article 1187 of the civil code of the people's Republic of China: after the damage occurs, the parties may negotiate the payment method of the compensation fee. If the negotiation fails, the compensation fee shall be paid in one lump sum. If it is difficult to pay in one lump sum, it can be paid in installments, but the infringed party has the right to request the corresponding guarantee.