Should an overdue online loan be sued in a local court or in another place?

Should an overdue online loan be sued in a local court or in another place? There are many jurisdictional provisions for civil litigation, and the plaintiff needs to file a lawsuit with someone Jurisdictional laws are proposed, and what we call cross-regional lawsuits are lawsuits filed in courts in different regions. Let’s share whether online loan overdue lawsuits are filed in local courts or in other places. Should online loan overdue lawsuits be filed in local courts or in other places1

1. Should online loan lawsuits be filed locally or out of town

Since online loan companies are generally not in the same region as the borrowers, they can be sued in different places . Generally speaking, my country's litigation jurisdiction follows the principle of plaintiff versus defendant, but in some special losses, the lawsuit can be brought in the court where the plaintiff is located.

Article 21 of the "Civil Procedure Law of the People's Republic of China"

Civil lawsuits filed against citizens shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled; the place where the defendant is domiciled is the same as If the place of habitual residence is inconsistent, the people's court of the place of habitual residence shall have jurisdiction.

Civil lawsuits filed against legal persons or other organizations shall be under the jurisdiction of the people's court where the defendant is domiciled.

If several defendants in the same lawsuit have their domiciles and habitual residences within the jurisdiction of two or more people's courts, each of the people's courts shall have jurisdiction.

2. How long will it take for an online loan to be overdue before a credit report will be filed?

How long will it take for an online loan to be overdue before a credit report will be filed? It depends on the following aspects:

(1) Borrowing platforms, some online loans will be subject to a credit report as soon as it is overdue, and some online loans will have a grace period, and the credit report will not be reported until the grace period has passed.

(2) Overdue amount. If the amount of your overdue loan is relatively small, some platforms will not upload overdue records, but if the overdue amount is relatively large, the credit report will be faster. Some.

(3) The length of overdue period. The longer the overdue period, the higher the chance of being credited.

3. The process of court prosecution is

(1) When a party files a lawsuit, it should first submit an indictment and submit a corresponding number of copies according to the number of parties on the other side. If the party is a citizen, The names, gender, age, place of origin, and residential address of both parties should be stated; if the party is an organization, the name, address, legal representative or person in charge of the organization should be stated;

(2) Whose claim is based on According to the principle of who provides evidence, the plaintiff should submit corresponding materials when filing a lawsuit in court;

(3) The filing court shall, within seven days after the parties have completed the necessary procedures and submitted all relevant evidence and materials, to those who meet the conditions for filing the case. Go through the case filing procedures;

(4) The parties concerned should prepay the case acceptance fee and other litigation expenses within seven days from the date of receipt of the acceptance notice;

(1) After the case filing procedures , the case is scheduled to be heard by the court for trial. Should overdue online loans be prosecuted in local courts or in other places2

Should online loans be prosecuted locally or elsewhere?

Generally speaking, after being sued, you can obtain the consent of the creditor and pay the debt in installments. "Debts must be paid off. If they are temporarily unable to repay, they may be repaid in installments by the debtor with the consent of the creditor or the ruling of the People's Court. If the debtor has the ability to repay and refuses to repay, the People's Court shall make a ruling to force repayment."

In practice, There are two different situations when the debtor is unable to repay: one is temporary inability to repay. If this is the case, the debtor can repay it in installments in accordance with the above relevant provisions.

The other is permanent inability to repay. If the debtor is permanently unable to repay, it can only be repaid with the debtor's existing personal property. This will have to be heard by the court, made a judgment, and then implemented. In other words, how much personal property the debtor has available for execution will be determined by the creditor. Take as much as you can.

What will the court generally do when an online loan company sues?

There are two stages for being sued for overdue online loans. One stage is that the court will organize mediation, and the other stage is a court hearing after mediation fails (the debtor does not need to appear in court).

After the online loan platform submits an application for enforcement to the court, the court can freeze the bank account and securities account of the debtor, and seize the property in his name, including real estate, cars, Antique calligraphy and painting, etc. A debtor who refuses to repay the transferred property will be included in the list of dishonest persons by the court and become a defaulter. Should an overdue online loan be sued in a local court or in another place3

1. Can an online loan company sue in a different place?

Generally speaking, my country’s litigation jurisdiction follows the principle of plaintiffs as defendants, but In some special losses, you can also sue in the court where the plaintiff is located. Online lending companies have the right to choose to sue in another place. As for whether the court will accept the case, it depends on whether it has the right to hear the case.

If you fail to repay the loan in time, according to the provisions of my country's Civil Procedure Law, online loan companies can sue the parties in other places. The parties must participate in the lawsuit on time after receiving the court summons.

Secondly, the biggest reason why online loans are so popular across the country is that the loan conditions are relatively low and the mortgage loan is fast. Generally speaking, you can quickly lend money after submitting your personal ID card information. In this model Loans carry huge risks. At present, the development of online lending in our country is not mature enough, and the relevant laws and regulations are not perfect. Once we fall into it, it is difficult to protect our personal rights.

2. What should I do if the loan cannot be repaid?

There are four types of debt situations: credit card debt, court debt, bank debt and private debt:

1. Credit card debt. First of all, if you fail to repay the credit card, it is determined to be malicious and you will be held criminally responsible. So the solution is to negotiate with the bank staff, explain your situation, and then negotiate a fixed repayment (that is, it is no longer a compound interest, and the interest will eventually be written off through bad debts). It is best to record the entire process as evidence, including When an outsourced debt collection company calls you and threatens you, it will also be recorded. When the economic investigation comes, you can prove that you negotiated the repayment in good faith.

2. Owe to the court. If you owe the court and it is time for enforcement, first of all, your assets in the six major banks will be frozen, and the money in Alipay will also be frozen. Your vehicle will be impounded and auctioned, and your real estate will also be seized. However, the court cannot enforce your only real estate. So you can still live if you should. As long as the money is not deposited in the six major banks and the car is in someone else's name, it can prove that you are the breadwinner of the family and can retain a large part of the funds. You can negotiate fixed repayments for other debts and gradually pay them back. Life can still go on. .

3. Owe the bank. Generally, there is a mortgage, but the court cannot enforce your only real estate, you can still continue to live in it! The same reason as above.

4. Oweed to a private person. If there is an IOU, you must first agree with the payer on a time and fixed amount for repayment. The IOU is valid for prosecution within 2 years, and will be invalid after that time. If you are sued, the court cannot enforce your sole property, but you can still continue to live in it! The same principle applies.

5. Owe online loan. Online loans are divided into those with good credit and those without good credit. Repayment priority will be given to loans with good credit. Those who have a credit report are the same as those who owe a credit card. They negotiate with the staff for fixed repayments, promise that they will repay them, and record the entire process. If you don't have a good credit report, people won't have the time to sue you. Any interest rate exceeding 24% is considered usury and is illegal. If they sue you, they will end up negotiating to repay the principal.

3. Risks of Internet Loans

1. Low-interest loans with “compound interest” online loan platforms often attract students with low installment interest rates. Some online loan platforms even claim that monthly The interest rate is 1 cent, but in fact many of these small loans far exceed the current bank credit card installment interest rates. Moreover, once the debt is repaid overdue, the liquidated damages rate that needs to be paid is also quite high, and is calculated on a daily basis. These liquidated damages and interest are more than the loan principal. Some online loan platforms do not even allow early repayment, forming a de facto usury.

In one case, the party initially used a loan to buy a computer. When the debt balance was only 1,280 yuan, the repayment was overdue. The interest and liquidated damages increased at a rate of 40 yuan per day. The party was not allowed to The debt cannot be paid off until the computer is sold.

2. Lack of review leads to the risk of loan fraud

In the case that caused a student to jump off a building, according to the information Xiao Zheng sent to his classmates, it was learned that Through the online credit loan platform for school students, Xiao Zheng not only borrowed money himself, but also borrowed hundreds of thousands of yuan in the name of his classmates. Some of the students involved were even unaware of the loans until the debt collection agency came to visit. Only then did he realize that he was already in huge debt.

Most campus online loan platforms have very simple procedures for student loans. You only need a copy of your ID card and student ID and fill in the corresponding personal student status information to get the money quickly. Most of the procedures are even completely online. To operate, some online loan platforms require you to upload a video of yourself holding documents and declaring the loan.

3. Debt collection companies threaten and intimidate. Compared with banks that collect credit cards, various online loan companies use "ruthless" methods. When students cannot repay on time, they hire debt collection companies to To demand debts, many debt collection companies go to schools to cause trouble, threaten students' parents, and even use threatening phone calls, violence, detention, stalking and other illegal and criminal methods to collect debts, which disturbs students' lives.