If the credit report shows that the loan or credit card is overdue, it is necessary to return the overdue money as soon as possible, otherwise nothing else can be discussed; Then it is to avoid new overdue or negative records.

Short-term overdue, not all overdue, will be immediately displayed in the personal credit report, and some overdue records will be reported to the central bank credit center next month. Therefore, in the first time when the issuance is overdue, contact the bank in arrears after making up the arrears, and strive to solve it before the credit investigation.

If the overdue time is more than 90 days, pay off the arrears and repay the penalty interest. In addition, don't return the card immediately. It is imperative to maintain good credit habits. Bad records will be automatically eliminated after 5 years (except for mortgages, because most loans only refer to credit records within 2 years).

Non-malicious overdue, some non-malicious overdue, especially not caused by personal subjective reasons. After paying off the arrears, actively contact the bank staff and explain the reasons for the overdue. If the overdue amount is small or the overdue time is short, the bank will issue a certificate of "non-malicious overdue".

What about going to loans overdue?

Overdue loans can be handled in the following ways.

First, 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.

If the other party fails to pay back the money within the time limit stipulated in the judgment, the creditor may enforce the application for making a judgment within two years from the date of expiration of the time limit for performance of the judgment.

Two, can prove the existence of creditor's rights and debts between the two parties have the following kinds of evidence:

1. Loan contract, receipt, repayment plan, repayment commitment letter and other creditor's rights certificates;

2. Lending vouchers such as bank transfer records, WeChat transfer and Alipay transfer;

3. If there is no documentary evidence such as a loan contract, other evidence such as the time, place and amount of the creditor-debtor relationship shall be provided, and irrelevant witness testimony or evidence clues shall be provided.

4. If there is a guarantor, it shall provide evidence to prove the existence of the guarantee facts, such as the guarantee contract.

5. If there is a mortgage, provide a mortgage contract; Mortgage registration procedures and related rights certificates.

Third, we should pay attention to the statute of limitations for recovering loans.

(a) for the regular repayment of private loans, the statute of limitations is three years from the date of the expiration of the repayment period, and the right to request people's protection will be lost after the expiration.

(2) For private lending with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues a debt bill without repayment date, it shall be deemed as the interruption of the limitation of action, and the limitation of action shall be recalculated from the day after receiving the debt bill.

(3) Non-regular repayment of private loans, that is, private loans with no repayment date, is not limited by the statute of limitations, but is limited by the maximum protection period of 20 years.

(4) For irregular private lending, if the borrower explicitly refuses to repay, it shall provide evidence to prove that it has explicitly refused to repay, and the statute of limitations period of three years shall apply from the date when the borrower explicitly refuses to repay.

(5) For private lending that exceeds the limitation of action, if both parties reach a repayment agreement on the original debt, or the borrower signs the dunning notice, it will be regarded as a reaffirmation of the original debt, and the relationship between creditor's rights and debts is protected by law.

legal ground

Article 119th of the Civil Procedure Law must meet the following conditions:

(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.

What if I return the overdue loan?

According to the different situation in loans overdue, there are different solutions, as follows:

1. Late arrival. Some borrowers forget the repayment time. In this case, they need to get in touch with the bank in time after making up the repayment amount. After the borrower is overdue, most banks will not immediately show it on the personal credit report. Some banks will have a few days' grace, and some will report to the central bank's credit information center the next day.

2. Malicious overdue for more than 90 days. After paying off the loan, the borrower will continue to maintain a good credit record, and if he receives the credit report, he will pay off the penalty interest. Lenders with credit cards should continue to maintain good consumption habits. Generally speaking, they will be eliminated within five years.

Unemployment, serious illness, going abroad, etc. Take the initiative to contact the bank and issue a "non-malicious overdue certificate".

4. Overdue due to "fake loan". Take the initiative to contact the bank to explain the situation and raise objections. Generally, it can be eliminated within 15 working days.

So much for the introduction of how to make overdue loans.