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How to deal with the overdue online loan being filed by an arbitration institution?
According to the provisions of the Civil Procedure Law, if the lender fails to repay the net bag loan within the time limit, the lender will sue the people's court and recover the creditor's rights. The criteria for filing a case by the court are: the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; There are clear defendants, etc. Regarding the filing standard of overdue online loan prosecution, the following is a detailed answer from Net Bian Xiao. 1. The standard for filing overdue lawsuits for online loans is 1. If the net bag loan is overdue, the lender will sue the people's court to recover the creditor's rights. 2. The criteria for filing a case by the court are: (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) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court. 3. Legal basis: Article 122 of the Civil Procedure Law of People's Republic of China (PRC). 2. How to sue for personal arrears? 1. If the loan term has expired and the lender still refuses to repay the loan after being urged, the lender may bring a lawsuit to the people's court according to law and use legal weapons to safeguard his legitimate rights and interests. Lenders should pay attention to the limitation of action when suing. The Civil Law stipulates: "The limitation of action for requesting protection of civil rights from the people's court is two years." If the limitation of action exceeds two years, the people's court will not accept it, and the lender's creditor's rights will lose legal protection. In order to prevent the statute of limitations from exceeding, the lender may require the borrower to write a repayment plan before the expiration of the statute of limitations, thus interrupting the statute of limitations. According to the law of our country, the new limitation of action is recalculated from the date of interruption, so that the lender not only has the right to sue, but also can continue to enjoy the right to win the case, which is conducive to protecting the legitimate rights and interests of the lender. 2. Creditors should probably pay attention to the following evidence when suing: evidence about the debtor's subject qualification, contracts or agreements, bills of lading (which must be signed by the debtor), consignment notes, IOUs and various settlement bills. , and other telegrams, faxes and letters related to debts shall be properly kept. The evidence collected shall be provided to the people's court in a timely manner. 3. You can apply to the people's court for evidence preservation in time for evidence that may be put out of fire due to special circumstances or that is difficult to obtain later; For evidence that cannot be collected by itself due to objective reasons, you can apply to the people's court for investigation and collection in time. According to the provisions of the Civil Procedure Law, if the lender fails to repay the loan within the time limit after the net bag loan, the lender will sue the people's court and recover the creditor's rights. The criteria for filing a case by the court are: the plaintiff is a citizen, legal person and other organization that has a direct interest in the case; There are clear defendants, etc. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer online.
Legal objectivity:
Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 22 If a borrower and a lender form a lending relationship through the peer-to-peer lending platform, and the peer-to-peer lending platform provider only provides media services, the people's court will not support it if the parties request it to assume the guarantee responsibility. The people's court shall support the online loan platform provider who expressly provides a guarantee for the loan through websites, advertisements and other media or has other evidence to prove that the lender requests the online loan platform provider to assume the guarantee responsibility.
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