I. Proof of illness or accident
When the borrower fails to repay the loan on time due to illness or accident, it can provide relevant medical certificates or accident reports as non-malicious overdue certificates. These documents can prove that the borrower's overdue behavior is caused by force majeure.
Second, the proof of income change
If the borrower's income is reduced due to job change, unemployment or other reasons, so that he can't repay his debts on time, he can provide relevant certificates of income change. These certificates can include payroll, resignation certificate, income certificate, etc. Used to show that the borrower's repayment ability has been affected.
Third, the proof of banking system failure.
Sometimes, the borrower's overdue behavior is caused by the failure of the banking system, such as the account being frozen by mistake and the transfer failure. In this case, the borrower can ask the bank for a system failure certificate to prove that the overdue is not a personal reason.
Fourth, the reasons for the third party to provide evidence.
Sometimes, the borrower's overdue behavior is caused by third-party reasons, such as debt-related disputes, fraud and so on. The borrower can provide relevant evidence such as alarm records and court judgments to prove that the overdue behavior is caused by third-party factors.
Verb (abbreviation of verb) proof of repayment plan adjustment
When the borrower and the creditor negotiate to adjust the repayment plan, they can provide the proof of adjustment of the repayment plan as proof of non-malicious overdue. The certificate shall specify in detail the repayment plan negotiated by both parties and the borrower's commitment to repay the loan according to the new plan.
Six, other reasonable explanations.
In addition to the above common proofs, the borrower can also provide other reasonable explanations according to the actual situation. These certificates can involve special changes in the borrower's personal situation, such as family emergencies and natural disasters. To illustrate the non-malicious nature of overdue behavior.
To sum up:
Non-malicious overdue certificate is to prove that the overdue behavior caused by the borrower's non-subjective reasons is not due to malicious debt default. Common non-malicious overdue certificates include disease or accident certificate, income change certificate, banking system failure certificate, third-party reason certificate, repayment plan adjustment certificate and other reasonable explanation certificates. When providing these certificates, the borrower shall ensure the authenticity and validity of the documents, so that the creditors can understand and accept the overdue situation of the borrower.
Legal basis:
Contract law of the people's Republic of China
Article 107 stipulates:
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 26 provides that:
If the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds 4 times the market quotation of one-year loan at the time of the establishment of the contract.