1. If it is really unable to repay, it shall negotiate with the lending institution to extend the repayment period or repay it in installments;
2. If the lending institution fails to perform the judgment of the court within the performance period after suing the court and winning the case, it will apply to the court for enforcement;
3. When accepting enforcement, the court will inquire about the real estate, vehicles, securities and deposits under the name of the lender according to law;
4. If the lender refuses to perform the effective judgment of the court because there is no enforceable property under his name, negative information such as overdue repayment will be recorded in the personal credit report, which will restrict high consumption and entry and exit, and may even lead to judicial custody.
The borrower can handle it according to the following circumstances:
1. During the defense period, the borrower can submit a defense to refute the bank's claim; You can also entrust a lawyer to represent the case;
2. Before the people's court makes a judgment, the borrower can negotiate with the bank to repay the loan in installments. If an agreement is reached, the borrower shall sign the agreement and withdraw the lawsuit.
The legal consequences of not repaying bank loans are:
1. The bank will take certain collection measures, and the bank will specially designate a legal person institution or internal organization to conduct targeted collection of arrears. In the initial phone call, if the loan is really overdue, you can explain your actual situation to the bank and try to apply for an extension, depending on different bank regulations;
2, overdue for more than 90 days, if the circumstances are serious, it can be regarded as malicious overdue, and bank collection may also cause life pressure for yourself and your family, affecting the normal life of individuals and families;
3. In terms of overdue fees, there will be some fees such as liquidated damages and penalty interest, which need to be collected according to the contract. Different institutions and different loan products charge different liquidated damages or penalty interest, and the bank will calculate the penalty interest from the overdue date according to the terms agreed in the relevant loan contract;
4. Impact on personal credit records.
5. If the loan has not been sued to the court, and the court still refuses to repay the loan after the execution of the judgment, you can report it to the Supreme People's Court and enter the "list of people who have been executed because of dishonesty", which is also commonly known as the "Lao Lai list", and it will be forbidden to travel by high-speed rail. At the same time, apply to the bank to auction the assets of the debtor and guarantor.
Legal basis: Article 674th of the Civil Code of People's Republic of China (PRC).
The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.
Article 675
The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
Article 676
If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations.
Article 677
If the borrower repays the loan in advance, unless otherwise agreed by the parties, the interest shall be calculated according to the actual loan period.