Generally speaking, for loans overdue's short-term behavior, the lending institution will consider it as non-malicious overdue. As long as the lender pays off all the debts, it will not hold the lender accountable and will not submit a credit report. Different lending institutions have different loans overdue time.

Legal analysis: Generally speaking, short-term behavior in loans overdue will be regarded as non-malicious overdue by lending institutions. As long as the lender pays off all the debts, it will not pursue the responsibility of the lender and will not report to the credit bureau. Different lending institutions have different loans overdue time. For example, in loans overdue, a bank usually repays its debts within three days, which will be regarded as non-malicious overdue by the lender, while for small loan A, this time will be longer. In order to recover the arrears, overdue behavior is not reported for one week.

For long-term overdue behavior, lending institutions will classify overdue loans as malicious overdue loans and list them as "bad debts". At this time, the lending institution will take various ways such as door-to-door collection and company collection to collect the arrears, and even take the debtor to court. Generally, more than 90 days will be considered malicious. If it exceeds 120 days, legal measures will be taken.

So generally speaking, loans overdue is likely to be prosecuted after 120 days.

General principles of civil law of People's Republic of China (PRC) and article 1 18 of national laws.

Civil subjects enjoy creditor's rights according to law. Creditor's right is the right of obligee to ask a specific debtor to do or not to do something based on contract, tort, negotiorum gestio, unjust enrichment and other provisions of law.

Legal basis: Article 226 of the Civil Procedure Law. If the people's court fails to execute the application for execution for more than six months from the date of receiving the application for execution, the person against whom execution is applied may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.

What should I do if I am sued by the court for overdue repayment?

Handling method of sued overdue repayment:

If you deliberately default, I suggest that you immediately raise funds to repay the bank loan, otherwise the bank will dispose of the property, stocks and other assets under your and your spouse's names through litigation, and may also blacklist you, which may affect your credit record, and may also limit your high consumption such as taking high-speed trains and airplanes.

If you just can't turn over the funds temporarily, you can apply to the bank for an extension, or borrow new ones and return the old ones after paying off the interest you owe, which can temporarily relieve your capital turnover pressure.

If you temporarily lose the repayment ability, you can negotiate with the bank to reach a settlement agreement, make an installment repayment plan, repay the loan principal and interest you owe in installments, and avoid the bank from disposing of the assets under your and your spouse's names.

Generally speaking, if the borrower fails to repay the bank loan on time, the banking institution will take a series of measures as follows:

The bank will call the borrower to collect debts.

If the borrower still fails to repay the debt after debt collection, it will generate a certain penalty interest and cause a bad credit record for himself.

If the borrower still fails to repay the loan, the bank will send relevant staff to collect it in person.

If the borrower fails to repay the loan until the end, the bank will take legal measures to safeguard its rights and interests. If the borrower applies for a mortgage loan, the collateral will be auctioned by the court, and then the proceeds from the auction will be used to repay the loan.

Consequences of outstanding bank loans

According to the loan contract and guarantee contract (mortgage or pledge contract), the loan bank will sue the court, and the court will take measures such as property preservation, including freezing the deposits in all bank accounts of you and the loan guarantor and sealing up the pledged property. After the judgment is made, the property will be enforced according to law (deducting deposits, auctioning collateral, etc.). ) to repay the bank's loan losses. Specifically, it includes: loan principal, loan interest, overdue interest, penalty interest, and all litigation costs arising therefrom, and related expenses incurred when disposing of pledged property.

Your credit will be affected. If you take the company as the borrower, your company will be recorded in the national bank credit information system, and the loan in your personal name will also be recorded in the national personal credit information system for overdue loans. If the lending bank doesn't erase your records, you may not be able to get loans from all banks in the future.

If you are not maliciously defaulting on the bank loan and are able to pay the interest on the normal loan, I suggest you apply to the loan bank for loan extension first, stating your willingness to repay, the fact that you have not repaid the loan for the time being and the plan for repayment in the future. Normally, the bank will help you.

What if loans overdue, a consumer finance company, is sued for failing to repay the loan?

Consumer Finance loans overdue has not paid back, and the user has been sued by consumer finance. At this time, users can contact consumer finance institutions actively and apply for negotiated repayment from consumer finance. As long as the two parties negotiate successfully, then the consumer finance will withdraw the lawsuit, and then the user needs to repay according to the requirements of the negotiation. Consumer finance refuses to negotiate, and after suing the court, the court will also arrange consultations between the two parties.

The essence of consumer finance prosecution is to let users repay. As long as users are willing to repay, consumer finance will drop the lawsuit.

Consumer Finance: Will loans overdue go to jail if he is prosecuted?

For consumer finance, non-repayment of overdue loans will be prosecuted, which usually does not lead to imprisonment, because:

1. Imprisonment is basically caused by a criminal offence. Non-prosecution of loan arrears belongs to the category of civil disputes and does not involve criminal offences, so naturally it will not be sentenced to imprisonment. After being sued by consumer finance to the court, the borrower only needs to repay the arrears in time according to the judgment of the court. Of course, if the court still refuses to repay the loan after the judgment, the court may enforce it at that time, and those with serious circumstances may be included in the list of untrustworthy people.

2. If it constitutes a crime of loan fraud, it may lead to imprisonment. If the amount of fraud 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 but not more than 500,000; 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 but not more than 500,000, or his property shall be confiscated.