How to sue online loan 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 sue online loan companies?
How to sue the online loan company 1 Because of the particularity of the online loan company, it is more troublesome to sue. As an individual suing an 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. Prepare litigation materials to file a case with the court, including the drafting of the indictment, the preparation of evidence, and the preparation of identity materials for both the original defendant 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 court trial, an 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 sue the online loan company 2 First of all, when we know about arbitration, we must actively respond! Provide the corresponding defense materials in time, and at the same time dig out our original loan contract to see if there is a provision on "dispute settlement", which stipulates that disputes should be settled by arbitration, and whether it is clear which arbitration institution!
Because the application for contract dispute 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 there are loan sharks, beheading interest or some so-called service fees, handling fees, guarantee fees and other irregularities in our contract amount, then we can collect evidence and provide it to the arbitration commission and the court, and the court 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. The court will also terminate the arbitration result.
According to Article 4 of the Arbitration Law, if one party adopts arbitration to resolve the dispute, both parties 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 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 sue online loan companies? What are the risks of 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 a monthly interest rate of 1, but in fact, many of these small loans 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, forming a de facto usury. 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. 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 a student was given a fake loan, he asked himself why he had never made a video announcing the loan and didn't 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 campus usury to defraud students' property and deposits, or use students' personal information for telephone fraud and credit card fraud.
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.
Prosecuting online lending companies faces 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 to get into trouble with usury.