It is conservatively estimated that hundreds of millions of users have fallen into debt quagmire. Please refer to my previous article "What's the secret behind more than 90 million registered users of an online lending platform" and "What does it mean that the number of untrustworthy people has soared to 654.38+0394 million? 》

I have contacted tens of thousands of debtors, and I found a phenomenon: too many people don't know what the root cause of their debts is; Too many people don't know how to face debt correctly; There are also too many people who get deeper and deeper into the debt quagmire because of the wrong solution, and even lead to tragedy. ...

Therefore, Lao Mo decided to write a series of articles, starting with the reasons for debt, planning repayment and returning to normal life.

Lao Mo will gradually reveal the answer for everyone, or he can enter the planet in advance to find a solution. Many brothers and sisters will cheer together and work together to make the future no longer confused.

When solving the debt problem, many netizens will face overdue, which means that they will be collected, even sued, arbitrated or summoned for investigation or even filed (credit cards may be summoned for a long time).

So, what about being sued, arbitrated or summoned?

I. Prosecution

Whether to be prosecuted or not shall be subject to the receipt of a court summons. Summons generally include: the name of the court, the case number, the name and address of the summoned person, the reason for summoning, the time and place of arrival and other related matters, and the court seal.

If there is not one or more subpoenas, it is possible that this subpoena is forged. Even if it is a real summons, it is recommended to call the court for confirmation.

If the confirmation is false, it is recommended to report the case, and the other party is suspected of forging national certificates.

What should I do if I am really sued?

1. Negotiation settlement: negotiate with the lender, explain your real situation, request to extend the repayment period and pay reasonable overdue interest, and request the plaintiff to cancel the lawsuit.

2. Positive response:

(1) Sign for all kinds of litigation documents served by the court, including the notice of responding to the lawsuit, summons for court session, notice of giving evidence, etc.

(2) You can conduct litigation by yourself, or you can entrust one or two agents ad litem as needed.

(3) submit a reply. According to the law, the defendant should submit the defense within 15 days after receiving the copy of the complaint.

(4) Collect and submit evidence. Be sure to read the court's notice of proof in detail and give evidence in strict accordance with the requirements of the court.

(5) Attend the trial on time. The court is a place where both parties face to face and reason directly, so there is a saying "See you in court". You can explain your position to the judge and know the details of the other party when you attend the trial. Even if you don't appear in court, the court can try by default. If it is really impossible to appear in court on time due to objective reasons, it may apply to the court to change the date of the court session.

(6) if you are dissatisfied with the court's ruling and judgment, you should appeal in time. The appeal period of the ruling is 10 days, and the appeal period of the judgment is 15 days, counting from the day after receiving the ruling and judgment.

If conditions permit, it is best to hire a lawyer to help solve it.

For most online loan borrowers, the interest charged by the court is much lower than the direct repayment. The interest rate charged by most online lending institutions far exceeds 36%, while the court only supports the interest rate within 24%. It is not difficult to understand why many netizens will say, "I will pay back the money, but I will pay back as much as the court decides."

Tips: Beware of false litigation.

Second, arbitration.

I wrote a special article about arbitration before. You can have a look if you are interested. This paper introduces arbitration, online arbitration and advance arbitration (including the basis for the court not to accept advance arbitration).

What should I do if I am arbitrated by the online loan platform because the online loan is unable to repay? ?

How to distinguish between true and false arbitration?

1. The arbitration notice will contain the case number, where your arbitration company and arbitration commission are located, and other information.

2. The case number can be viewed by telephone or in official website of the Arbitration Commission.

Arbitration should also be taken seriously and must not be dealt with negatively. We should keep evidence that is beneficial to us to safeguard our legitimate rights and interests. For example, whether the other party has a yin-yang contract, whether the interest rate is artificially high, whether there is beheading interest and so on.

Tips: Beware of false arbitration

Third, subpoena and filing

Summoning is a measure for public security organs to go to the designated time and place. Although it does not mean filing a case, it must not be underestimated.

What if you are summoned?

Be sure to actively cooperate with the investigation and don't get away with it, otherwise you may be hanged.

(1) Pay off all overdrafts before filing the case.

(2) reach a repayment agreement with the bank before filing the case (the initiative is not in your hand now, so it is difficult ...)

According to Article 196 of the Criminal Law and Articles 6 and 8 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management.

If the credit card is overdue for more than 50,000 yuan, and the cardholder overdraws for the purpose of illegal possession, exceeding the prescribed limit or time limit, and fails to return it for more than three months after being effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Malicious overdraft, the amount of which is more than 50,000 yuan but less than 500,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.

Credit card malicious overdraft is a criminal case. Once the case is filed, it will be difficult to withdraw the case, and the procedure has to be completed. In other words, once the case is filed, the money is refunded, which is called returning stolen goods. This is just a conspiracy to mitigate punishment. Remember, it is mitigation, not exemption. How to determine the liquidated damages or whether it belongs to malicious overdraft shall be decided by the court.

What if the case has been filed?

Interpretation of some problems about the specific application of law in handling criminal cases that hinder credit card management

Article 6? If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

The purpose of illegal possession should be judged according to the cardholder's credit history, repayment ability and willingness, the application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. It is not allowed to identify the purpose of illegal possession just because the cardholder fails to repay the loan according to the regulations.

In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law, unless there is evidence to prove that the cardholder does not have the purpose of illegal possession:

(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;

(2) After applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;

(3) Escaping after overdraft or changing contact information to avoid bank collection;

(4) evading or transferring funds, concealing property or evading repayment;

(five) the use of overdraft funds for criminal activities;

(six) other illegal possession of funds, refused to return.

Therefore, once the case is filed, it is necessary to produce evidence that can prove that it is not a malicious overdraft, and there is no evidence of illegal possession (for example, sudden business failure leads to a sudden drop in income, illness, accidents and other reasons, and it is really impossible to repay it at one time), but it is also difficult in reality. Once the case is filed, it is basically conclusive evidence.

Tips:

1. Although the new standard for filing credit card fraud has been raised to 50,000, it doesn't mean that you can't file a case if the amount is less than 50,000, such as using false identity information, proof of income, proof of assets, cashing out (it can be left or right, but cashing out is not allowed according to the credit card collection agreement), raising a card, fraudulently using someone else's credit card, and so on.

2. Don't listen to rumors that monthly repayment 100-200 yuan doesn't report to the bank. Lawsuits have costs. If the amount is not large, banks are usually reluctant to report or sue customers, provided that they know that you have the willingness to repay, have assets and have no malicious evasion. It may be temporarily unable to repay due to family changes, capital turnover and other factors. However, if the amount exceeds your assets, or if you find that there are no assets under your name, you have no willingness to repay, and you evade maliciously, the bank can only report the case. ...

There are many commercial banks reporting and suing.

3, hearsay is not reliable, it is recommended to go to the "ruling network" to check the relevant real cases. In reality, although it is several years overdue, many people have been prosecuted, filed and even sentenced. People who have no real turn generally don't understand what Article 190 of the Criminal Law means. Ignorant people are fearless. ...

4. In case of debt problems, prepare for a rainy day and negotiate with the bank in advance to repay in installments.

Rational consumption, do what you can. ...