After the use of small loans, many people can't return them on time, so will small loans with an amount of 10,000 yuan overdue for more than one year be prosecuted? Under normal circumstances, it is possible to sue micro-loans if the arrears of 10,000 yuan are overdue for one year, but suing users requires certain financial resources, manpower and material resources, and the probability of prosecution will be reduced after considering these.
However, the non-prosecution of micro-loans does not mean that there is no impact on users, and repayment cannot be made on time, which will lead to penalty interest. The calculation formula of penalty interest is: overdue interest = overdue amount * overdue days * daily interest rate *( 1+50%). The longer the time, the more penalty interest, and the greater the economic burden of subsequent return. At the same time, the system will collect after the deadline.
After making a small amount of loans overdue, the system will upload the overdue records to the credit center, which will lead to the deterioration of personal credit information and affect the subsequent re-processing of various loans. Moreover, after the arrears are returned, this overdue record will continue to be kept in the credit information for 5 years, and will automatically disappear after 5 years, and the arrears will always be recorded in the credit information.
If the micro-loan is overdue for more than one year and the amount is 10,000, then the subsequent handling of various financial businesses will be affected, and the harm to the borrower is still great. For example, after credit investigation, users can't apply for a loan to buy a house unless they have no loan demand.
In order to ensure that the loan can be repaid on time, users should consider their repayment ability and know what kind of income to use to repay. If the personal income is not much, it is necessary to use micro-loans cautiously at this time. In fact, in the case of limited repayment ability, you can borrow more installments and reduce the loan amount.
Finally, users can negotiate with the platform when the micro-loan cannot be returned on time after it is overdue, and then use a new repayment method to repay, which can reduce the impact. Then when the repayment is difficult, they should find ways to increase their income in time to avoid the subsequent failure to return it on time.
Will micro-loans be prosecuted if they are overdue for 20 thousand?
Failing to pay it back within the time limit may lead to prosecution.
Legal basis:
Article 119th of the Civil Procedure Law of People's Republic of China (PRC) * * * Prosecution 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 falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Will micro-loan transfer to loans overdue really be prosecuted?
Generally overdue for more than half a year may be prosecuted;
Serious consequences of overdue:
First, 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.
Second, undertake the fancy collection of the platform.
The collection is generally divided into three stages: the first stage, just a few days after the overdue, the platform customer service MM will gently remind you that it is overdue, please repay it 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 your arrears information to your relatives and friends, which makes you lose face in the circle of friends; The platform arranges special collection personnel to collect money at home and communicate face to face to collect accounts. 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.
Third, facing the crisis of national trust.
Now online lending platforms have established a blacklist system, and blacklist platforms have begun to communicate with each other. Borrowing on one platform is overdue, and it is very difficult to borrow on other platforms. In addition, online lending platforms will publicize blacklists through their own online channels such as WeChat and Weibo, and even on the big screens of railway stations and airports. Let the people all over the country know that these "old lai" borrow money and don't pay it back! Of course, ordinary borrowers will not go so far except those who owe money maliciously.
Fourth, the People's Bank of China 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, the amount exceeds 3,000, which can already constitute the crime of fraud 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.