1. What is the process of online loan being sued?
1, sign for all kinds of litigation documents served by the court.
Including the notice of responding to the lawsuit, court summons, notice of proof, etc. Some defendants refused to sign the legal documents of the court, and some deliberately avoided the court staff. In fact, these actions will only give people the impression that they are indefensible, and lawsuits are inevitable. Refuse to sign, the court staff can stay and serve; If you hide, the court can announce that the lawsuit will continue. Only by taking the initiative to sign for the court's various documents can we know the court's arrangements for trial activities in time, know who is suing the defendant for what, know the specific content of the other party's prosecution, and make targeted preparations.
Step 2 prepare for litigation
You can conduct the lawsuit yourself, or you can entrust one or two agents ad litem as needed. Simply put, it is to ask a lawyer to help answer the lawsuit, because lawyers are born to serve the parties. Specifically, the lawyer will represent the lawsuit and submit the power of attorney to the court. The power of attorney of a natural person shall be signed or sealed by the client; The power of attorney of a legal person shall be signed by the legal representative and stamped with the official seal. The power of attorney shall specify the entrusted matters and authority.
Step 3 submit a defense
According to the law, the defendant should submit the defense within 15 days after receiving the copy of the complaint. Pay attention to two points when drafting the defense:
(1) targeted, which can be aimed at one claim of the other party or one or several factual reasons in the complaint submitted by the other party;
(2) Well-founded, use facts to refute each other's allegations. Some complaints, though brilliantly written and inspiring, are generous, but they don't put facts and reason against each other's allegations, but they just condemn each other blindly, and the effect is not good. In the defense, you can admit or refute the plaintiff's request. If you think that the other party has also violated the contract or other violations of legal rights in the dispute, you can also file a counterclaim.
4. Collect and submit evidence
Be sure to read the court's notice of proof in detail and give evidence in strict accordance with the requirements of the court. For this question, please refer to Let the Evidence Speak-How to Collect and Submit Evidence.
5. Attend the trial on time
The court is a place where both parties face to face and reason directly, so there is a saying "See you in court". You can explain your position to the judge and know the details of the other party when you attend the trial. Even if you don't appear in court, the court can try by default. If it is really impossible to appear in court on time due to objective reasons, it may apply to the court to change the date of the court session.
Second, how to hire a lawyer when online loans are sued?
1. If a law firm thinks that it can accept the employment, it shall sign a contract for the employment of lawyers with the parties, go through the entrustment formalities, clarify the rights and obligations of the parties and the law firm, specify the names of lawyers entrusted by the law firm, and be signed and sealed by the parties and the law firm, indicating the date of conclusion of the contract.
2. If a law firm accepts the entrustment of others, it shall submit the documents of attorney before accepting the entrustment.
3. The legal services of lawyers who pay agency fees are paid services. Therefore, when the parties engage a lawyer, they must pay a certain amount of lawyer fees, and charge the parties a handling fee within the prescribed scope according to the actual situation such as the complexity of undertaking business, the length of time required and the number of litigation objects.
3. What is the standard for online loan to sue for attorney fees?
The fees of civil litigation lawyers will vary according to the service content. For example, the charging standard for civil cases is:
1. The disputed object in the first instance is less than 654.38+10,000 yuan: 7% in part, but not less than 5,000 yuan;
2. The part where the object of dispute in the first instance is more than 654.38+10,000 yuan 1 10,000 yuan: 6%;
3. The object of dispute in the first instance is 6,543,800 yuan but less than 5 million yuan: 5% in part.
Article 10 of the Measures for the Administration of Lawyers' Service Fees stipulates that lawyers' service fees can be charged according to different service contents, such as piecework fees, fees in proportion to bid amount, and hourly fees.
Piece rate is generally applicable to legal affairs that do not involve property relations;
Charging according to the proportion of the winning bid amount is applicable to legal affairs involving property relations;
Time charge is applicable to all legal affairs.
In this case, it is definitely wrong to evade the trial. No matter where people are, the court can find you. You can even take coercive measures such as summoning. The correct way is to actively respond to the lawsuit and repay the debts owed by yourself at several levels. Don't break your word and be lazy in economic life.