In the network loans overdue, the limitation of action for creditors to recover debts is 3 years. If the debt is not recovered after 3 years, if the creditor brings a lawsuit to the court after the limitation of action expires, it may lose the case, and the debtor does not need to repay it after losing the case.

Article 188 of the Civil Code of People's Republic of China (PRC) requires the people's court to protect civil rights for three years. Where there are other provisions in the law, such provisions shall prevail.

The limitation period of action shall be counted from the day when the obligee knows or should know that the right has been damaged and the obligor knows it. Where there are other provisions in the law, such provisions shall prevail. However, if more than 20 years have passed since the right was damaged, the people's court will not protect it. Under special circumstances, the people's court may decide to extend it according to the application of the obligee.

Article 192 of the Civil Code of People's Republic of China (PRC) stipulates that if the limitation period expires, the obligor may raise a defense of non-performance.

After the expiration of the limitation period of action, if the obligor agrees to perform it, he shall not plead on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.

Article 193 A people's court may not apply the limitation of action on its own.

Extended data:

Overdue repayment of online loans will have the following adverse consequences:

1. The penalty interest will be charged from the overdue date until the customer pays it off in full. However, the penalty interest rate of many lending platforms will be higher than the borrowing rate. If the customer has been in arrears, I am afraid there will be a lot of penalty interest. At that time, there will be more and more customers who need to repay, and the repayment pressure will also increase.

2. The loan platform will submit the overdue situation to big data, leaving a bad record in it. However, some platforms or their cooperative lending institutions can access the credit information of the central bank, and may also report the overdue situation to the central bank for credit investigation, leaving bad information in the customer's personal credit information report, thus causing the customer's personal credit to be damaged.

3. I am afraid that the platform system will start risk control on the customer's loan account and freeze the quota, so that the customer can't borrow any more. At the same time, due to credit damage, customers may not be able to borrow from other lending institutions, platforms or banks. After all, the other party will also check the customer's credit status when approving, and once problems are found, they will naturally refuse to approve the loan.

How the network platform loans overdue negotiates;

If you apply for loans overdue on the online loan platform, the customer still hasn't repaid. If you want to negotiate repayment, you must first make it clear that you are temporarily unable to repay when contacting the customer service of the platform, because if the customer still has repayment ability, the platform will not negotiate with the customer. Moreover, customers can also provide relevant information for evidence, such as unemployment certificate, proof of termination of labor contract and so on.

Then, we should also express our willingness to actively repay, and finally try to apply for extending the repayment period and repaying by installments, and the loan platform will consider it as appropriate. It should be noted that the loan platform generally does not have a loan stop service, so it is very difficult to exempt interest. However, if the repayment can be postponed, the repayment pressure can also be suspended.

Of course, the loan platform may also reject the customer's application for extension. In this regard, customers must make other preparations. For example, you can try to borrow money from your family and friends around you, pay off the loan first, and then pay it back to your relatives and friends when you have money.

What will happen if you don't pay back the credit after 5 years of online lending?

Credit information will be completely black and become a black household. For a formal lending platform, after the borrower is overdue, the platform is likely to report bad credit records to the credit report of the People's Bank of China, which will have a negative impact on its credit information. Many borrowers are not forced to do so, and generally will not be overdue. If this kind of online loan is overdue, it is very likely that its credit information will be completely blacked out and become what we usually call a black account, which is isolated from all banking business. In the end, it may be sued to the court, and the property under its name will be frozen and enforced. It may also be included in the list of untrustworthy people and limit high consumption until the money is paid off.

Call you first. If you still don't pay back the money, call your relatives and friends. Take it if you don't pay it back. It is worth noting that when some online loans are cancelled, they will also be linked to their own credit information, which will also affect their future loans. Therefore, it is recommended that you do not overdue repayment.

1. Under normal circumstances, the retention period of bad records is five years, after which they will no longer exist. Of course, what happened later is not counted, but a rolling five-year period. As you said, bad credit records will always exist. In other words, after five years of good credit investigation, bad credit records will no longer be displayed.

2. For the formal lending platform, after the borrower is overdue, the platform is likely to report the bad credit record to the People's Bank of China's personal credit report, which will have a negative impact on its own credit report. Many borrowers don't have to pay back, and generally they won't be overdue. If this kind of online loan is overdue, it is likely that its credit information will be completely blacked out and become what we usually call a black account, isolated from all banking business. In the end, it may be sued to the court, the property under its name will be frozen, or it may be included in the list of untrustworthy people, and high consumption will be restricted until the money is paid off.

3. For some illegal online usury and daily loans, the principal of such online loans is generally small and the interest is high. For example, if you borrow 1000 yuan, you can still pay 1500 yuan every week. This kind of cash loan already belongs to the category of conventional loans. Overdue is often the other party's address book. If the victim turns a deaf ear and continues to overdue, eventually this illegal routine loan platform will be terminated and the loan will not be settled.

There are hundreds of online lending platforms in the market now. Naturally, there are many loan users on every online lending platform. Every online lending platform will also have some users who can't repay on schedule every year. Even some people are overdue for many years. If such a problem occurs, the consequences will be very serious. Suffer penalty interest and liquidated damages. If the loan is not repaid within five years, the borrower will bear high overdue interest. Generally speaking, the overdue interest of online lending platform is much higher than the actual loan interest, and some lending institutions will charge additional fines on the basis of penalty interest. If the overdue time is long, the penalty interest and liquidated damages may add up to a lot of expenses. Personal credit is damaged. Nowadays, peer-to-peer lending is more and more closely related to peer-to-peer lending platforms, financial institutions and banks. Once overdue, even if the overdue record is not uploaded to the central bank for credit information, it will be shared in the online loan big data. Therefore, if repayment is overdue on a certain online lending platform, loans from other platforms may be rejected in the future.

What will happen if the online loan does not pay back the credit for 5 years?

If the online loan fails to pay off the loan within five years, it will have a bad influence on the personal credit report, and the online loan record will remain in the credit report all the time, so it is difficult to handle other credit business. Secondly, overdue will generate additional expenses such as liquidated damages and overdue interest. Long-term overdue final interest will be greater than the principal, please be careful.

1. After the online loan is overdue, the overdue record will remain in the credit report as long as the arrears are not settled. As for the overdue records that will be deleted after 5 years, it is necessary to meet the prerequisite, that is, to settle overdue debts. Overdue records will be kept for 5 years from the date of settlement of arrears. After five years, the credit information system will automatically delete this record, so that the credit information will be restored. If the loan arrears are not settled, the credit will not be resumed. On the contrary, records that are overdue for five years will have a great adverse impact on personal credit investigation.

2. Overdue will have two effects: first, in terms of interest, banks and financial institutions will calculate overdue interest on a daily basis and compound interest on a monthly basis. The longer the overdue period, the greater the interest will definitely snowball. There was a lot of news before. Some people have only a few dozen overdue debts, but after a few years, they have to repay tens of thousands with interest. One is credit information. If the money owed to the bank is overdue for more than 180 days, the bank will record the debtor's credit information as bad debts and mark it in red in the special transaction record column. People with such records will be directly refused credit card loans.

1. Credit investigation is an activity that a professional and independent third-party organization establishes credit files for individuals or enterprises, collects and objectively records their credit information according to law, and provides credit information services to the outside world according to legal requirements. It mainly provides a credit information sharing platform for professional credit reporting institutions. Credit investigation refers to uploading personal consumption records and credit records to the central bank's credit investigation system, so that these records will be reflected in the personal credit report.

2. Personal credit information is recorded in the personal credit report, mainly including personal basic information and credit information (whether there are bank loans, overdue, credit card overdraft records, etc. ), as well as non-bank information (water, electricity and other public utilities payment information, tax arrears, civil judgments, etc. ). This information will affect individuals' lending behavior in financial institutions.