1. If the amount charged by the bank is wrong, you should submit relevant evidence to the court within the time limit stipulated by the court, so that the court can find out the facts and safeguard your interests;
2. If the amount is correct, try to negotiate with the bank and try to reach an installment repayment agreement to reduce the repayment pressure. In addition, if you still don't take the initiative to perform after the court's judgment, the court will enforce and dispose of your property according to law. You can limit high consumption and join the list of untrustworthy people, which will have a serious impact on credit activities such as life, work and loans in the future. "1. Under what circumstances will loans overdue be prosecuted?
1. The loan platform is formal and has a formal license.
2. The amount is relatively large (generally more than 50,000 yuan), and the overdue time is relatively long (at least one year). Afterwards, the debtor loses contact or is obviously unwilling to repay.
3. Debt is transferred or compensated.
Second, what conditions should be met for prosecution?
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant:
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
Third, how to respond to the lawsuit?
1, sign for all kinds of litigation documents served by the court, including the notice of responding to the lawsuit, summons for court session, notice of giving evidence, etc. Take the initiative to sign for various documents of the court, so as to know the arrangement of court trial activities in time, know who is suing what, know the specific content of the other party's prosecution, and make targeted preparations.
2. You can litigate by yourself, or you can entrust one or two litigation agents as needed, that is, find a lawyer to help you respond to the lawsuit. Specifically, a lawyer should represent you in litigation and submit a 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.
3. submit a defense. According to the law, the defendant should submit the defense within 15 days after receiving the copy of the complaint. When drafting the defense, we should pay attention to two points: first, pertinence, which can be aimed at one of the other party's claims or one or more factual reasons in the other party's complaint; Second, it's reasonable and well-founded, and we should use facts to refute each other's allegations. In the defense, the plaintiff's request can be acknowledged and refuted. 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. Read the court's notice of proof in detail and give evidence in strict accordance with the requirements of the court. You can refer to "Let the evidence speak for itself"
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. You can explain your position to the judge and know the details of the other party when you attend the trial. Even if the defendant does not appear in court, the court can conduct a trial in absentia. 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.
6. After the court's ruling and judgment come out, if you are dissatisfied, you should appeal in time. The appeal period for ruling is 65,438+00 days, and the appeal period for judgment is 65,438+05 days, counting from the day after receiving the ruling and judgment.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.
Article 125 The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receiving the indictment. 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. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
Article 142 At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.