Formal loan late repayment on how to do
Formal loan late repayment on how to do, now life many people in the case of economic tension, will probably consider the way through the network for the loan, and we are in the face of profiteering collection sensible response. The following analysis of the formal loan overdue to pay back how to do?
The formal loan overdue can not be on how to do 1
First, the loan is overdue for the time being can not be on how to do?
The loan is overdue for a temporary repayment, you can negotiate with the lender to extend the repayment.
The People's Republic of China *** and National Code
Article 678 Borrowing extension borrowers can apply to the lender for an extension before the expiration of the repayment period; the lender agrees, can be extended.
Second, what are the consequences of overdue loans?
1, resulting in high penalty interest
If the borrower does not repay the loan within the agreed period, the lender has the right to penalize the borrower by charging penalty interest. The longer the overdue period, the higher the penalty interest rate.
2, bad record on credit
3, blacklisted by the lender
When a borrower is blacklisted because of a serious overdue, it will be published in the media by the lender with the ID number, residential address, and overdue information.
4, frozen personal assets
Banks and other lending institutions will call for the due loan in accordance with the law, in accordance with the agreement of the loan contract, to the court.
The court will take measures such as property preservation, freezing the borrower's bank account deposits, seizure of property that has been pledged and so on.
Third, the refusal to repay the bank loan to apply for court enforcement conditions?
1, the application for compulsory execution of the legal instrument has entered into force
2, the applicant is the effective legal instrument determined by the rights of the person or his heirs, the rights of the bearer
3, the applicant for the execution of the application in the legal period of time
4, the obligor in the effective legal instrument determined by the period of time has not fulfilled the obligations
4, the obligor in the effective legal instrument determined by the period of time
5, the application for the implementation of the legal instrument is not a good idea. p> 5, the application for the implementation of the legal instrument has the content of the payment, and the implementation of the subject matter and the executor is clear
6, to the people's court with jurisdiction to apply for the implementation
Fourth, refused to repay the bank loan application for the court to enforce the need to prepare what materials?
1, an application for compulsory execution. The applicant is a legal person or other organization, the application for compulsory execution should be stamped; the applicant is a natural person, the applicant should be in the compulsory execution of the application for signature or handprint. Application for compulsory execution shall not be written in ballpoint pen, shall not use photocopies.
2, to prove the applicant's subjective qualifications 'materials, entrusted to apply for compulsory execution on behalf of, and provide proxy information. Applicants applying for the implementation of non-court legal instruments, should also provide a copy of the main qualifications of the respondent.
3, with the content of the mandatory implementation of the effective legal instruments of an original and two copies. The effective legal documents issued by the court shall be stamped with the effective seal of the legal documents of the hosting judge, if after two levels of court proceedings, the legal documents of the court of first and second instance need to be provided;
The effective legal documents issued by the arbitration authority shall be accompanied by a letter from the arbitration authority on the legal documents have been in force or both parties have signed the return receipt of the delivery of the original; the effective administrative legal documents issued by the administrative organ should be Attached to the party has signed the receipt of the return of service and evidence of an original.
4, the respondent's property trail list. Has taken measures to protect the property of the respondent, should be submitted to take measures to protect a copy of the civil ruling.
Formal loan overdue can not be on how to do 2
A, owed tens of thousands of online loans can not afford to repay how to do
First of all, the treatment of online loans can not be on, specifically divided into three steps to deal with.
The first step is to terminate all of the loans, seek the understanding and help of the family. First of all, do not go to the loan to feed the loan, that will only make the online loan more and more to pay back, all the platform overdue on overdue. Confess to your family and seek their understanding and help.
The second step, the face of profiteering collection rational response. In the circle of friends to send a statement in advance, to explain to everyone to clear their being subjected to profiteering collection, for everyone may be harassed to apologize, and suggest that we cooperate with hanging up these tawdry phone calls, leaving you a new phone number to reduce the use of the old phone number.
The third step is to understand your credit failures and work hard to aggressively pay back your loans. Through the credit center to inquire about their credit, grasp which online loans have been into the credit system, which has not been into the credit system, to do a good job, have a primary and secondary sequential repayment of loans. The most important thing is to find a job and work hard, and negotiate with the bank or the lending institution to extend the repayment period or to pay back the loan in installments.
As for the consequences of not paying back the online loan, it also depends on the specific situation. If the lending institution or the bank sued to the court after winning the case, you will face the enforcement of the name of the property, vehicles, securities and deposits. If you have borrowed an online loan and not maliciously failed to repay, then this is a civil case and you will face detention. If you have borrowed a 714 online loan, first try to negotiate with the institution to reduce the interest rate, if not, then reflect the actual situation to some financial supervisory authorities, remember to submit evidence of their violations, and use the law to protect their rights and interests.
Second, based on the legal perspective of the problem.
In addition to stopping the loan, it is ultimately important to consider how to get ashore after online lending. The following analyzes the consequences of not repaying an online loan based on the nature of the website.
The first category, formal online loans. We are more familiar with the formal online loans such as Alipay, interest rates are slightly higher than the bank or almost the same as the bank, with all the qualifications of lending. In the face of this part of the online loan is not paid, first of all, faced with the collection; secondly, the credit will become black; finally, it is possible to be door to door to collect loans or prosecution.
The second category, informal online loans. This type of online loan is very common, their typical characteristics are, high interest, charge upfront fees, membership fees, short borrowing cycle, collection horror. Cash loans are at least 98% non-compliant! Lending, 714 small loans, cash loans, etc., you can hardly find one that is fully compliant with the state regulations. This part of the online loan is not paid back, the online lending company has a lot to lose, there are no other legal consequences!
The third category, nominal formal but actually informal. Usually the online lending platform, due to the qualification of compliance, the external claim of compliance. But its actual operation, is wandering on the edge of the law, a lot of places where there is non-compliance.
This part of the online loan is not paid back, the worst result is to face litigation! Their aim is to see if you continue to repay and pay back the high interest rates, and do not want to go down the legal route. Therefore, the best thing to do for this type of online loans is, once the violent collection has been made, it is recommended to wait for them to sue and then pay back the money, so you can effectively avoid excess interest.
Two, personal information leakage by the online loan how
Collect evidence and timely police, if you know who stole their personal information can be directly prosecuted. Nowadays, online lending platforms are so numerous that if you are not careful, your personal information will be stolen by the wrong people, or some online lending platforms will sell your personal information at a low price, and as a result, you will receive different online lending companies calling and texting to collect your loan every day.
To solve this problem should start from the root, reject all online lending platforms, do not go to register those online lending platforms there is no way to find your personal information, once you start the road of online lending, it is difficult to end. If you really need a loan, it is recommended that you choose a regular bank to handle, so that the safety of personal information is guaranteed. If you want to choose online loans, try to find a reliable and large-scale platform, before the loan must understand the background of the company and lending methods.
Do not believe in the so-called whitewash of personal credit records, some intermediaries in order to make a profit and steal personal information will put out the rumor of whitewash of personal credit records, the personal credit system is the state, can only be cultivated by their own good creditworthiness, there is no such thing as whitewash. The fact that they are being impersonated not only affects their credit history, making it difficult for them to apply for future home loans, car loans, etc., but also creates inexplicable arrears.
Some ordinary online lending platforms require my handheld ID photo, proof of residence, real name more than 6 months of cell phone number, it is important to note that this information must be saved, once leaked will cause inexplicable back debt.
The usual personal information should also be protected in a timely manner, containing personal information of the courier single to carry out simple processing, for the temporary ID card after the expiration of the timely destruction, do not leak too much personal information in the social software, carefully participate in the online survey activities, if the activities need to submit a personal ID card, home address and a series of personal privacy issues, be sure to timely decline.