1. overdue time: if the borrower is overdue for more than three months, the online lending platform will think that the borrower is maliciously overdue or unable to repay the arrears. In order to ensure the safety of funds, the online lending platform can choose to directly sue the borrower. Most of these cases are civil cases. The consequences that borrowers have to bear include assets being auctioned, becoming untrustworthy and even going to jail.
2. The overdue amount is large: borrowers have good personal qualifications, and online lending platforms often provide higher loan amounts. Generally speaking, the principal exceeding 10000 yuan may be sued by the lending institution. And the principal of more than 50 thousand yuan, plus malicious overdue behavior, is likely to go to jail.
The main purpose of the loan platform to sue the cardholder is to let the debtor repay the loan owed by the debtor. If you are sued, you'd better pay off your debts as soon as possible so that you won't be sued. Otherwise, the debtor needs to be prepared for litigation.
However, if you are temporarily unable to repay, the lender can also take the initiative to contact the loan platform, explain to the platform customer service the reasons for your temporary inability to repay, and show that you are willing to repay, and then try to negotiate with the platform for repayment, and repay on time as agreed after negotiation. As long as the lender is willing to repay, the loan platform will not easily sue overdue users. Moreover, the cost of prosecution is very high, and most loan platforms are reluctant to use prosecution to recover arrears.
How much did you owe the online loan before being sued?
No matter how much the online loan owes, the online loan platform can sue, but in practice, it usually takes a long time for the loan above 1000 yuan to be sued, and the online loan platform should also consider the litigation cost.
The harmfulness of peer-to-peer lending:
(a) with the nature of usury
Some lawless elements aim at colleges and universities, seize the characteristics of college students' lack of social experience and weak awareness of prevention, and carry out short-term and micro-loan activities. On the surface, this kind of loan is not profitable, but in fact, the interest they get is 10 times or even more than that of the bank. What's more, they use "usury" to carry out other criminal activities, such as defrauding students' collateral and deposits, or using students' personal information for telephone fraud.
(B) will breed bad habits of college students.
Due to different family backgrounds, college students' economic conditions and consumption levels are inevitably different. College students whose thoughts are not yet fully mature and stable can easily form blind comparison psychology. Since their financial resources are mainly provided by their parents, once they have this mentality, those expenses will certainly not meet their daily needs. Therefore, their consumption will be limited. Once online loan companies use slogans such as "zero interest" and "quick arrival", they are easily attracted. According to the survey statistics, the items that college students spend on online loans are mainly digital products such as mobile phones, computers and SLR. In addition, tourism and clothing are also their main consumption contents. Due to the temptation of comparison psychology and related items, these students are likely to obtain funds through online loans and develop bad habits such as alcoholism and gambling. Seriously, they will skip class and commit suicide because they are unable to repay.
According to Article 3 of the Civil Procedure Law of People's Republic of China (PRC), the people's courts shall accept civil lawsuits brought by citizens, legal persons, other organizations and between them for property relations and personal relations, and the provisions of this law shall apply.
Liability for non-repayment of loans:
If the borrower fails to repay the loan, it shall pay liquidated damages or penalty interest to the lender. Payment of liquidated damages refers to the payment of a certain amount of money to the other party according to the provisions of laws and regulations or the loan contract when one party fails to perform or fails to fully perform its obligations stipulated in the loan contract. This is an economic sanction against the defaulting party for breach of contract, which is punitive.
How much is online loan fraud filed?
If you are cheated of 2000 yuan, you can call the police and file a case. Generally speaking, if the amount of fraud reaches 2,000 yuan to 5,000 yuan, you will meet the criteria for filing fraud. According to the different economic development conditions, different places may be different. If the amount is small and does not reach 2000 yuan, it does not constitute fraud, but it violates social security. According to the provisions of the Law on Public Security Administration Punishment, he was detained for 5 to 15 days, and the maximum fine was 1000 yuan. However, if the accumulated fraud amount exceeds 2,000-5,000, the perpetrator may be investigated for criminal responsibility. Article 266 of the Criminal Law stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
legal ground
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.