1. From the legal relationship, the legal relationship of loan is fresh, clear and simple, while the legal relationship of arrears may be more complicated, and the background behind arrears may be much more complicated. 2. There is only one reason for the emergence and formation of lending, that is, creditors lend money to debtors; There are too many reasons for the emergence and formation of arrears, such as sales contracts, loans, gambling, infringement, traffic accident compensation, disability and so on. Among them, the arrears caused by illegal acts are not protected by law. 3. From the perspective of IOUs and debt certificates, their effects are different, and for creditors, the degree of protection of their rights is also different. If the other party issues you an IOU, assuming that a lawsuit is initiated, it may involve more complicated background and legal relationship. For example, if the other party breaches the contract, it is said that it is because of the debts written by gambling debts, and the problem is more complicated; However, IOUs will not cause so many problems. 4. When the IOU holder relies on IOU, it is easier to identify and identify the borrowing facts between the parties through IOU itself. Generally, the holder of the IOU only needs to briefly state the facts of the loan to the judge, and it is generally difficult for the other party to defend and deny. However, when the IOU holder leans backward, the IOU holder must state the fact of IOU formation to the judge. If the other party denies or excuses this fact, the holder of the IOU must further prove the fact that the IOU was formed. Legal basis: Interim Measures for the Administration of Personal Loans Article 1 These Measures are formulated in accordance with the Banking Supervision Law of the People's Republic of China, the People's Republic of China (PRC) Commercial Bank Law and other laws and regulations in order to standardize the personal loan business behavior of banking financial institutions, strengthen the prudent management of personal loan business and promote the healthy development of personal loan business. _ Article 2 People's Republic of China (PRC) and banking financial institutions established in China with the approval of China Banking Regulatory Commission (hereinafter referred to as lenders) shall abide by these Measures when engaging in personal loan business.

Second, the difference between borrowing and arrears?

The two-year statute of limitations starts from the last time he asked for money. But from the first time you don't give money, it will be 20 years at most.

Third, the difference between loans and arrears?

There is an essential difference between payment for goods and arrears. Payment for goods is the money that customers need to go to the bank to handle, and arrears are the default caused by problems in the process of returning loans. The difference here is different in nature. Payment for goods is what banks need to help you buy goods or operate working capital. The nature of the arrears is that you don't abide by the contract, don't repay on time, and banks with serious defaults will sue the law.

4. How long is the prosecution period for bank loan arrears? Is it permanent or limited?

Arrears are divided into two situations:

The prosecution period of 1 is 2 years from the repayment date.

2. If there is no agreed repayment date, the litigation period shall be 2 years when the obligee claims the right, but the longest period shall not exceed 20 years.

Article 135 of the General Principles of the Civil Law stipulates: "The limitation period for requesting people to protect their civil rights is two years, unless the law provides otherwise for the limitation period for bank loans. Therefore, the statute of limitations for bank loans is two years. Of course, the two-year statute of limitations may occur in the middle and the end time may exceed two years. Article 137 of the General Principles of the Civil Law stipulates that the limitation of action shall be counted from the time when one knows or should know that one's rights have been infringed. However, if more than 20 years have passed since the date of violation of rights, the people will not be protected. Under special circumstances, the people may extend the limitation of action.

Generally speaking, for loans overdue's behavior in a short period of time, the lending institution will regard it as non-malicious, just pay off all the debts, and will not pursue the responsibility of the lender again, nor will it submit a credit report. Different lending institutions have different loans overdue time. For example, in a bank, loans overdue's repayment within three days is generally regarded as non-malicious overdue by the lender, but it takes longer for the company. In order to recover the arrears, it is overdue for one week.

For long-term overdue behavior, the loan is classified as "bad debt". At this time, the lending institution will take various ways such as door-to-door collection and company collection to collect the arrears, and even take the debtor to court. Generally, more than 90 days will be considered as malicious overdue, and more than 120 days will be overdue.

So generally speaking, if loans overdue exceeds 120 days, it is likely to be.