Expansion: In August, 20021,China Banking Association published the Development Report of China Consumer Finance Company (2020) (hereinafter referred to as the report), which mentioned that consumer finance loans are often small in amount, with low effectiveness and high cost for a single lawsuit. In order to effectively cope with the ever-changing external collection environment and ensure and improve the collection efficiency, a number of consumer finance companies have completed the docking with the Internet court system. According to statistics, as many as 1 1 consumer finance companies account for more than 20% of the amount of batch litigation. Among them, Haier Consumer Finance and China Post Consumer Finance have more than 500 lawsuits in each batch.
Taking Haier's consumer finance as an example, the report reveals the breakthrough of litigation preservation in Internet courts. In 20 19, the internet trial system jointly established by Haier and local courts was officially put into operation. The Internet trial system consists of Haier and the court. After the evidence is complete, Haier's system applies for filing a case with one click, and at the same time, the system automatically generates the complaint and the list of evidence, and pushes the complaint, the list of evidence and the whole set of evidence to the court system. After the court system receives the case, click "Agree" to complete the filing, and then the case can be scheduled in the court system by one click. After the court is scheduled, judicial assistants can file a lawsuit, and the trial record can be automatically generated on the day of the trial. After the trial, the judgment will be automatically generated and stamped with the seal of the court, which can realize one-click reconciliation and one-click filing.
In the eyes of lawyers in the industry, the advantage of judicial collection lies in its legitimacy and deterrence. The means of judicial collection are legal and compliant. Once the case is won, the borrower can be sanctioned through legal effect and deterrence, such as applying to the court for compulsory enforcement to recover the arrears, being included in the list of untrustworthy people, and being restricted from high consumption. , so as to urge overdue borrowers to repay and ensure the quality of the company's assets.
However, judicial collection is not a "sharp weapon" to defeat the enemy. Su told reporters that litigation is a means for consumer finance companies to collect money. Whether it can achieve results still needs to be observed in the subsequent implementation. If the case is won, it can't be implemented, and "Lao Lai" disappears, it won't play the role of "sharp weapon".
The reporter checked the refereeing document network and found that in thousands of judicial cases of various consumer finance companies, it is not uncommon for the court to find that the borrower lost contact or the borrower had no property to execute.
For example, in July this year, after the People's Court of Laoshan District of Qingdao took measures to restrict high consumption in the case of executing a new loan contract dispute between Haier Consumer Finance Co., Ltd. and Liu, the relevant enforcement measures have been exhausted, and the executed person has no effective property to execute at present, and the applicant cannot provide effective property clues.