1. Although the online loan is overdue, it has not been overdue for more than three months. Financial institutions generally have the right to sue only after the loan is overdue for more than three months, and will not sue before that. Often they just start collection (generally sending text messages and calling to remind the borrower to repay; others will call the borrower's emergency contact or obtain address book information, and call the borrower's relatives and friends; Some will even come to you based on the address provided by the borrower).
2. After the online loan is overdue, the borrower will generally not sue if the loan platform learns that the borrower has a positive willingness to repay the loan, even if the debt has not been paid off in full at that time. . You should know that since litigation usually requires a lot of time, manpower, material and financial resources, it is not easy to litigate in real life.
3. The online loan platform itself is not formal. If the money is not borrowed from a formal loan platform approved by the China Banking Regulatory Commission and holding a financial license, then the loan platform itself will naturally not be able to borrow money due to irregularities in the loan platform itself. Likely to sue the borrower. If the borrower receives a lawyer's letter from the loan platform, it does not mean that he has actually been sued. In fact, it may be just a collection method. If the borrower does not want to be sued, he will naturally make repayments later (if he encounters illegal loans) The platform can in turn report the other party). As long as you find: Xiaoqixincha, you can query your online loan big data report with one click, which will contain important data such as your credit rating score, whether there is a blacklist, etc.
Extended information: What are the circumstances under which you will be sued if your online loan is overdue?
1. Online loans are overdue for more than three months. Although the loan platform already has the right to sue at this time, the possibility of suing will be higher than in the previous three months, but in fact not all will. When suing, it mainly depends on the decision of the lending platform.
2. After the online loan became overdue, the borrower continued to default. After the loan became overdue, the borrower never repaid the loan and ignored the loan platform's reminders. If the loan platform cannot contact the borrower after multiple reminders, and the amount owed is relatively high, in order to recover the money, it is likely to sue and use legal means to achieve the purpose of getting the borrower to repay (note If the debt is still not returned after the court's decision, the court may enforce it, and in serious cases, it may even be classified as a breach of trust).
It is not ruled out that some formal online loan platforms will actually go to court to sue. This depends on the overdue time and overdue amount. If the borrower owes more than 5,000 yuan and is overdue for more than 90 days, the possibility of being sued is very high. The ultimate goal of online loan platforms in suing borrowers is to get borrowers to repay. Therefore, after being sued, if you don't want to have too much trouble, it is best to pay off the money you owe. In addition to repaying the principal, online loans also require high interest. This needs to be noted. If the interest exceeds the 36% interest rate red line, the excess will not be repaid. The specific interest needs to be negotiated with the online loan platform. .
Of course, you can choose not to repay, but if you are able to repay after the court's decision, or you do not implement the court's decision, you may be included in the list of dishonest persons subject to execution by the court. In serious cases, you may be listed as a defaulter. He was arrested and punished for resisting law enforcement.
Legal basis:
"People's Republic of China and Civil Code"
Article 667 A loan contract is a loan from the borrower to the lender , a contract to return the borrowed money and pay interest when due.
Article 668: A loan contract shall be in written form, unless otherwise agreed upon for a loan between natural persons. The content of the loan contract includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 669: When entering into a loan contract, the borrower shall provide the true situation of business activities and financial status related to the loan as required by the lender.