The loan company needs all evidence and copies that are beneficial to the parties and the other party, as well as other evidence and witness lists that may be helpful. If you have relevant evidence, you can go to court.
Legal analysis
1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, according to the per capita disposable income of urban residents or the per capita net income of rural residents, the disability compensation is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 119 The following conditions must be met: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It belongs to the scope of civil litigation accepted by the people and the jurisdiction of the accused people.
(1) the name, sex, age, nationality, occupation, work unit, address and contact information of the plaintiff, the name and address of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person; (2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization; (3) the request and the facts and reasons on which it is based; (4) Evidence and its sources, names and residences of witnesses.
How to get a loan from Qingchengshan Company
Qingchengshan Loan Company Process:
1, form, find out the basic registration information of the other party (name, address, legal representative, telephone number, etc. ), you can write it yourself or ask a lawyer to help you write it; And copy according to the number of the other party;
2. Prepare evidence, one original and one copy of the ID card, all evidence and copies that are beneficial to the other party, and other evidence and witness lists that may be helpful.
3. Bring legal fees; Go to the filing court to file a case.
How to lend money to the company
How to lend money to the company
How to make online loans to companies? Now many people have their own online loans, mortgages and car loans. If the personal credit information has a bad record after the online loan is overdue, it will affect the loan application on other platforms in the future. How to make online loans to companies?
How to lend money to the company 1
Due to the particularity of online lending companies, it is more troublesome to get up. As a personal online loan company, it is best to follow the following procedures:
1, litigation risk assessment, mainly from whether the evidence is sufficient to ensure success; The defendant's property status, so as to ensure that the execution can be in place after winning the case.
2. Make a thorough investigation of the debtor's property immediately.
3. Litigation materials to be put on file, including the drafting of defense, the preparation of evidence, and the preparation of identity materials of both the original and the defendant.
4. Draft and submit the application for property preservation, provide the debtor's property list, provide property preservation guarantee, etc. And seal up the property in advance or at the same time before or when the lawsuit is filed.
5. Through the trial, a successful and effective judgment was obtained.
6. After obtaining a successful judgment, apply for compulsory execution, and force the debtor to repay the loan by means of detention, restriction on high consumption, restriction on leaving the country, and publication in the newspaper.
The above is my answer to this question. I hope it helps you. Thank you.
legal ground
Article 63 of the Civil Procedure Law of People's Republic of China (PRC)
Evidence includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts.
How to lend money to the company 2
First of all, when we understand arbitration, we should actively respond! Provide the corresponding defense materials in time, and at the same time dig out the original of our loan contract to see if there is any provision for arbitration in the "dispute settlement" clause, and whether it is clear which arbitration institution!
Because the contract application for arbitration must be agreed in advance, and the arbitration institution must be clearly agreed, if there is no such item in your contract, or it is inconsistent with the current actual situation, then write an application for arbitration jurisdiction objection and ask the arbitration commission to reject the other party's application.
If our contract amount exists, beheading interest or some so-called service fees, handling fees, guarantee fees and other irregularities, then we can collect evidence and provide it to the arbitration commission, which will terminate the arbitration result.
Here, I want to say that this evidence needs you to collect and present. It's not that you verbally say how interested the other person is and how much you hide. It's no use whispering to each other like this "repeater".
Moreover, many online lending companies actually follow the trend to make money. They are not financial institutions at all, but intermediaries. Even for financial institutions, we need to know whether the other party is qualified to issue loans. If not, then we can collect the evidence and submit it, which will also terminate the arbitration result.
According to Article 4 of the Arbitration Law, if the parties adopt arbitration, they shall voluntarily reach an arbitration agreement. In other words, the arbitration result can only be executed if both parties agree and recognize it. At this time, as long as you can prove that you don't know and don't agree with the arbitration result!
If the arbitration result is very unfavorable to you and has a high cost, once you agree with the arbitration result, it will turn the illegal creditor's rights relationship into evidence that the debtor admits the fact of arrears and the arbitration result. With this evidence, the other party can directly sue your debtor for failing to perform the arbitration agreement.
If the debtor encounters such an "arbitration" routine, the result is very unfavorable and unfair to you, then we just disagree! Because arbitration must be informed and agreed by both parties, if you don't agree, then the arbitration result is invalid.
Of course, if the arbitration results only require repayment of the principal, it is good for the debtor. Isn't it because the debtor has been negotiating for so long and grinding for so long that he can only repay the principal, reduce interest, default interest and liquidated damages? At this time, the debtor can decide whether to agree with the arbitration result according to his actual situation!
How to lend money to the company 3
What are the risks of personal online lending?
1, low-interest loan "interest rolling"
Online lending platforms often attract students with lower installment interest rates. Some online lending platforms even claim monthly interest rate 1, but in fact many of them far exceed the current installment interest rate of bank credit cards. Moreover, once the arrears are overdue, the penalty rate to be paid is also quite high, and it is calculated on a daily basis.
These liquidated damages and interest are more than the loan principal, and some online lending platforms are not even allowed to repay in advance. This is a fact. In one case, a customer bought a computer with a loan at first, but the repayment was overdue when the debt balance was only 1280 yuan, and the interest and liquidated damages increased at the rate of 40 yuan every day, so the customer had to sell the computer to pay off the debt.
Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates that the maximum interest rate of private lending supported by law is 24% per annum. The loan interest rate of some online lending platforms far exceeds this interest rate, which is obviously not protected by law.
In addition, the abnormally high liquidated damages for overdue repayment are also an important means of profit for online lending platforms. The contract law stipulates that the purpose of liquidated damages is to compensate the breaching party's losses first, and then punish the breaching party. In campus lending, the loss caused by overdue repayment to the defaulting party is limited, and it is against the principle of fairness of law to charge high liquidated damages when high interest has been charged.
2. Lack of review leads to the risk of fraudulent loans.
In this case that caused students to jump off a building, according to the information sent by Zheng Xiao to his classmates, Zheng Xiao not only borrowed money himself, but also borrowed several hundred thousand yuan in the name of his classmates through the online student loan platform. Some students didn't even know anything about loans until the debt collection company found us.
Most campus online loan platforms require very simple procedures for student loans. You can get the money quickly just by filling in a copy of your ID card and student ID card, and most of the procedures are even completely online. Some online lending platforms need to upload videos of my loan declaration with certificates.
After being impersonated for a loan, a student asked himself why he never made a video to announce the loan and sign it. The answer is "The students in the video look a lot like you". It can be seen that there is almost no verification of the borrower's identity in campus loans, which is prone to the risk of fraudulent loans.
At the same time, some students' personal information was fraudulently used and they were unwittingly burdened with huge debts, which was an accident for the victims and their parents. In addition, some criminals also use the campus to defraud students of their property and deposits, or use students' personal information to make phone calls and defraud credit cards.
3. The debt collection company threatened.
Compared with banks urging credit card repayment, various online lending companies have resorted to "malicious" means. Students can't pay back on time, so they hire debt collection companies to ask for arrears. Many debt collection companies make trouble in schools, threatening students' parents, and even taking illegal and criminal means such as threatening phone calls, violence, detention and stalking to collect debts, which makes students fidgety.
Online lending companies face the problem of obtaining evidence. Online lending, because there is no face-to-face communication, can not deeply understand the actual situation of online lending companies, and online lending agreements are different from ordinary bank loan agreements, and many people signed them without seeing them clearly. Therefore, I remind friends who need or intend to make online loans to be cautious and not get into trouble.
Loan company process
If the loan company fails to repay within the time limit or fails to repay after two reminders, the loan company becomes a party. First of all, after repeated reminders, if the parties still do not repay, they will file a civil lawsuit against them. After the people's court hears the case, if the parties still fail to repay the loan, they can transfer the case to the public security organ for investigation and formally establish it as a criminal case. After investigation, the public security organ will transfer the case to the procuratorate for public prosecution. Legal basis: Article 667 of the Civil Law of People's Republic of China (PRC) is a loan contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Why is the loan company in other places?
Generally speaking, China's litigation jurisdiction follows the principle that the plaintiff is the defendant. If you want to sue, you need to register with the loan company.
Legal basis:
Article 21 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people in the place where the defendant resides; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the person with his habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people where the defendant is domiciled.
Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, each people's court has jurisdiction.
What about the introduction of the loan company? Let's stop here.