Suggest finding a way to pay off debts as soon as possible.
This situation needs to be analyzed according to specific situations. One is that when making a loan, he clearly knows that he is unable to repay it, and maliciously lends for the purpose of illegal possession, which is suspected of loan fraud. The other is that the loan can be repaid at that time, but it cannot be repaid for various reasons. This is just an ordinary civil case.
1. Bring a lawsuit to the court and apply for property preservation at the same time. Because the loan projects of P2P platform often involve multiple creditors, the platform can not bring a lawsuit to the court instead of creditors because it is not a party in the loan relationship, but can assist creditors in litigation. 2. After the judgment comes into effect, Lao Lai still refuses to repay the loan and can apply to the court for enforcement. After the creditor obtains the effective judgment in favor, if the borrower still fails to pay back the money within the performance period determined in the judgment, the creditor may apply to the court for execution. After the people's court decides to accept the execution case, it will notify the person subjected to execution (the borrower) within three days, and order him to perform the repayment obligations specified in the effective legal documents within a specified period, and bear the debt interest or delayed payment during the delayed performance period. Then when applying for enforcement, creditors should pay attention to providing the court with the property status or clues of the person being executed, which can make the court execute the borrower's property more timely and effectively.
laws and regulations
criminal law
Article 193 The crime of loan fraud involves defrauding banks or other financial institutions of loans for the purpose of illegal possession under any of the following circumstances. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
Fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts; Using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.
Provisions of the Supreme Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, Article 22 1. Lenders and borrowers form a loan relationship through peer-to-peer lending Platform, and the provider of peer-to-peer lending Platform only provides media services, and the people's court does not support the request of the parties to assume the guarantee responsibility. 2. If the online lending platform provider explicitly provides a guarantee for the loan through the media such as web pages and advertisements, or there is other evidence to prove that the lender requests the online lending platform provider to assume the guarantee responsibility, the people's court shall support it.