First, how to deal with online loan litigation?
Users who are sued by the online lending platform can choose to negotiate with the online lending platform. After all, after the prosecution, the court will let the two sides negotiate first. If the negotiation is successful, the online lending platform may withdraw the lawsuit. If the online lending platform thinks that the user is maliciously overdue, it will sue the user. As long as the user indicates that he is willing to repay the loan, the basic online lending platform will withdraw the lawsuit. Users must contact the loan platform as soon as possible after they are in loans overdue, so as not to be deemed as malicious overdue.
1, settled through negotiation:
Negotiate with the lender, repay the loan, and request the plaintiff to cancel the lawsuit.
2. Positive response:
(1) Sign for all kinds of litigation documents served by the court, including the notice of responding to the lawsuit, summons for court session, notice of giving evidence, etc.
(2) You can conduct litigation by yourself. Personally, I don't think it is necessary to hire a lawyer. After all, it is better to ask a lawyer to keep the money for repayment. After all, it is not a very complicated case. )
(3) submit a reply. According to the law, the defendant should submit the defense within 15 days after receiving the copy of the complaint.
(4) Collect and submit evidence. Be sure to read the court's notice of proof in detail and give evidence in strict accordance with the requirements of the court.
(5) Attend the trial on time. The court is a place where both parties face to face and reason directly, so there is a saying "See you in court".
You can explain your position to the judge when you attend the trial. If the lender violates the rules, it can provide relevant evidence to the judge. Judges will not take sides and make fair judgments according to the law. If the debtor does not appear in court, the court may also conduct a trial by default.
If it is really impossible to appear in court on time due to objective reasons, it may apply to the court to change the date of the court session.
(6) If the debtor refuses to accept the court's ruling or judgment, he shall appeal in time. The appeal period of the ruling is 10 days, and the appeal period of the judgment is 15 days, counting from the day after receiving the ruling and judgment.
Second, the adverse consequences of overdue online loans
1, and bear high overdue fees.
For overdue fees, different online lending platforms have different names and different charging standards. Whether it is called overdue penalty interest, overdue management or other various names, the charging standard is very high. Therefore, those who have the ability to repay on time should never be overdue.
2, undertake the platform fancy collection.
Collection is generally divided into three stages: the first stage, just a few days overdue, the platform customer service warm reminder is overdue, please repay on time; In the second stage, if it is overdue for a long time, the platform customer service will seriously warn that the threat of overdue will face serious consequences; In the third stage, it was overdue for a long time, and the platform stopped trying to convince the other party and began to take practical actions.
There are many practical actions, such as: the platform pushes the debtor's arrears information to the debtor's relatives and friends, which makes the debtor lose face in the circle of friends; The platform arranges special collection personnel for door-to-door collection.
Face-to-face communication to collect accounts, etc. Of course, these are still relatively mild. Some platforms outsource collection, and special collection companies collect them. The collection company "violent collection" that broke out some time ago believes that borrowers are not willing to encounter it.
3. The credit information of China People's Bank is tainted.
At present, most online lending platforms have not been connected to PBOC's credit information system, but it has become an inevitable trend to connect to PBOC's credit information system. In the future, if the online lending platform fails to repay the loan within the time limit, it will be recorded in the credit information system of the People's Bank of China, just like bank loans and credit cards that are overdue, causing credit stains. If the previous consequence is only losing face, then the stain of credit information will affect real life, and there is no way to borrow money if you want to buy a house, no way to mortgage if you want to buy a car, and so on.
The defendant went to court.
After the loan is overdue for a long time or deliberately not repaid, after the amount exceeds 2000, it can already constitute a fraud crime and is in danger of being sued by the online lending platform. Once the court decides that the online lending platform wins the case, the borrower not only has to pay the money that needs to be repaid, but also pays the litigation costs and huge fines of both parties, and even faces jail time.
After the online lending platform issues loans to loan applicants, the creditor-debtor relationship is established between the two parties. The online lending platform needs to issue the corresponding amount of loans according to the loan contract, and the online lending debtor also needs to repay the debt, principal and corresponding interest within the repayment period according to the contract.