Loan process: 1, write a good book, bring good evidence and books to file a case and pay legal fees, and open the court after examination and acceptance; 4. judge; 5. Execute the judgment. Trial time of civil cases: the summary procedure is concluded within 3 months, and the ordinary procedure is concluded within 6 months. Payment of legal fees: the legal fees shall be paid in advance by the plaintiff at that time, and shall be determined according to the circumstances of the case after the case is concluded. If the defendant loses the case, the defendant will bear all legal expenses; If both parties win or lose, the legal fees shall be shared by both parties or decided by how to share them. Generally, some evidence should be submitted: (1) original 1 copy, and copies should be submitted according to the number of defendants; (2) the parties (including the plaintiff, the defendant, the third party, etc.) the main qualification certification materials. ); (3) evidence of loan.
Legal basis:
Article 34 Non-performing loans refer to non-performing loans, sluggish loans and overdue loans. Non-performing loans refer to loans classified as non-performing loans according to the relevant provisions of the Ministry of Finance. Sluggish loans refer to loans that are overdue (including expired after extension) but not returned according to the relevant provisions of the Ministry of Finance, or loans that have terminated production and operation but suspended construction (excluding bad loans). Overdue loans refer to loans that are not due (including those due after extension) as agreed in the loan contract (excluding sluggish loans and bad loans).
Loans overdue litigation process
The process of handling bank loans overdue is the first summons that the lender receives; Then the lender; Then the lender needs to cooperate with the bank to auction the house; Generally, banks auction houses, so there is basically no money left; After the auction, the bank can directly transfer the ownership; Finally, the assets will be disposed of. After loans overdue, the bank will not pay it back immediately, but it will be overdue for several months.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 119 The following conditions must be met:
(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 belongs to the scope of civil litigation accepted by the people and the jurisdiction of the accused people.
Article 120 An appeal shall be submitted to the people, and copies shall be submitted according to the number of defendants. If it is really difficult to write a written statement, you can make an oral statement, and the people will record it in the transcript and inform the other party.
Can I get a loan for a civil lawsuit?
Civil litigation may not be able to get a loan.
(1) Simple private lending will not affect bank loans; (2) However, if the loan is privately enforced and has been judged and enforced. Before the performance is completed, the debtor can be included in the list of people who have lost their trust and be punished by credit. In this case, bank loans will not be available. If the law stipulates that the person subjected to execution fails to perform the obligations specified in the legal documents, the people can not only punish the person subjected to execution, but also include it in the list of the person subjected to dishonesty according to the situation, and inform the unit where the person subjected to execution fails to perform or does not fully perform his obligations, credit reporting agencies and other relevant institutions.
legal ground
Article 518 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents, the people can not only punish the person subjected to execution, but also include him in the list of people who have lost their trust according to the circumstances, and inform his unit, credit reporting agency and other relevant institutions of the information that the person subjected to execution fails to perform or does not fully perform his obligations.
How should I handle the loan?
Private lending refers to the financing behavior between natural persons, legal persons and other organizations and between them, rather than between financial institutions engaged in loan business and their branches established with the approval of financial supervision departments. So, what should I do if I am detained because of private lending? When private lending is sued, we should actively respond. It is best to entrust a professional lawyer to handle it, collect relevant evidence that is beneficial to us, submit a defense within the specified time, and put forward corresponding defenses against the other party's claims. For example, the first thing to see is whether the other party is within the limitation period. If there is evidence that the time limit has expired, we should put it forward in our defense, and then participate in the trial within the specified time to safeguard our legitimate rights and interests. In addition, in order to avoid the escalation of contradictions between borrowers and lenders, we can also negotiate with each other and try to reach mediation, which will have a better result for both sides.
legal ground
Article 125 of the Civil Procedure Law: The server shall send a copy of the defense to the defendant within five days from the date of filing the case, and the defendant shall submit the defense within fifteen days from the date of receiving the defense. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. The defendant's failure to submit a reply will not affect the people's trial.
How about a loan
Private lending is very common in real life, but it will happen in many cases. So how should private lending be prosecuted? It also needs to meet the corresponding conditions. According to the provisions of the Civil Procedure Law, the basic conditions include four: (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There must be a clear defendant; (3) Having specific requests, facts and reasons; Finally, the fourth point belongs to the scope of civil litigation accepted by the people and the jurisdiction of the defendant. The above four conditions must be met at the same time, and none of them is dispensable. If the creditor does not meet the above four conditions, it will not be accepted. In this regard, in accordance with the provisions of Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, lenders should provide people with debt certificates such as IOUs, receipts and IOUs, as well as other evidence that can prove the existence of the legal relationship of lending.
legal ground
Provisions of the Supreme People's Government on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 2 When lending money to the people, lenders shall provide creditor's rights certificates such as IOUs, receipts and IOUs, as well as other evidence that can prove the existence of the legal relationship between lending and borrowing. Article 120 of the Civil Procedure Law shall be submitted to the people in form, and the number of copies shall be submitted according to the number of defendants. If it is really difficult to write a written statement, you can make an oral statement, and the people will record it in the transcript and inform the other party. (1) The name, sex, age, nationality, occupation, work unit, address and contact information of the plaintiff, the name and address of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person; (2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization; (3) the request and the facts and reasons on which it is based; (4) Evidence and its sources, names and residences of witnesses.
Is loans overdue civil or criminal? The difference is obvious!
Loans overdue is a problem that cannot be ignored. Overdue lenders will collect money through various means, in addition to the common SMS and telephone collection, they will often ask the debtor to repay. So the question is, is loans overdue civil or criminal? Let's analyze it today.
Is loans overdue civil or criminal?
The lender's loans overdue behavior is a civil breach of contract, which is an economic event for the lender and the lending institution. Lending institutions usually file a lawsuit against lenders, demanding that lenders repay the principal and interest. The lender will be fine if he pays back the money he owes, and there is no need to worry about being punished for paying back the money.
However, there are also special circumstances. If the lender provides false information to defraud the loan and is suspected of committing a loan crime, if the loan is not repaid again, the lending institution can not only file a civil lawsuit, but also file a criminal case with the public security organ. In addition to repaying the loan, the lender will be investigated for criminal responsibility and may be punished and fined.
Therefore, it is not difficult to see that the consequences of criminal proceedings are more serious than those of civil proceedings. Moreover, compared with civil litigation, criminal litigation has a strong deterrent effect and its execution is in place. Many lenders will be forced to actively cooperate with the loan platform in order to obtain leniency and opportunities to reduce or mitigate punishment.
The above is the introduction of "loans overdue is civil or criminal". In a word, as long as there is no behavior in loans overdue, it is generally a civil lawsuit. Lenders should not think that they can refuse to pay back in civil proceedings without bearing criminal responsibility. If they still fail to fulfill their repayment obligations after the judgment, the loan platform can apply for enforcement and freeze the assets under the lender's name for repayment.