Legal analysis: 1. If a lending institution or bank succeeds in suing the court and fails to fulfill the court judgment during the performance period, it will apply to the court for enforcement.
2. When accepting compulsory execution, the court will inquire about the properties, vehicles, securities and deposits in the name of the lender in accordance with the law.
3. If the lender has no property for enforcement and refuses to fulfill the court’s effective judgment, negative information such as overdue repayment will be recorded in the personal credit report and high consumption and entry and exit will be restricted. , and may even be subject to judicial detention.
4. If the person has the ability but refuses to execute, he is suspected of refusing to execute the judgment or ruling.
If you encounter a situation where you owe a lot of online loans and cannot repay them, the debtor still needs to negotiate with the lending institution to see if he can repay according to the lowest payment method. Under normal circumstances The individual’s willingness to repay is relatively clear.
Legal basis: "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"
Article 2 When the lender files a lawsuit with the People's Court, it shall provide IOUs, receipts, Credit certificates such as IOUs and other evidence that can prove the existence of a legal relationship between lending and borrowing. Article 9: Any of the following circumstances may be deemed to meet the requirements for the validity of a loan contract between natural persons in Article 210 of the Contract Law: (1) When payment is made in cash, when the loan is received from the borrower; p>
(2) When the funds are paid by bank transfer, online electronic remittance or through an online loan platform, the funds arrive at the borrower's account.
Article 4 If the guarantor provides a joint liability guarantee for the borrower, and the lender only sues the borrower, the People's Court may not add a guarantor as a co-defendant; if the lender only sues the guarantor, the People's Court may The additional borrower is *** and the same defendant. If the guarantor provides a general guarantee for the borrower, and the lender only sues the guarantor, the People's Court shall add the borrower as *** co-defendant; if the lender only sues the borrower, the People's Court may not add the guarantor as *** co-defendant.
Article 26 If the interest rate agreed between the borrower and the lender does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest according to the agreed interest rate, the People's Court shall support it. If the interest rate agreed between the borrower and the borrower exceeds 36% of the annual interest rate, the interest agreement for the excess portion is invalid. If the borrower requests the lender to return the interest that has been paid in excess of 36% of the annual interest rate, the People's Court shall support the request.
Article 27 The loan amount stated in the debt certificates such as IOUs, receipts, IOUs, etc. is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall determine the actual loan amount as the principal.