Joke Collection Website - Blessing messages - Chengdu Huaao Rongxin sent me a text message saying that they wanted to sue me after being unable to repay the loan. What should I do?
Chengdu Huaao Rongxin sent me a text message saying that they wanted to sue me after being unable to repay the loan. What should I do?
The consequences of not repaying after borrowing money from a credit company:
1. If you really do not have the ability to repay, you should negotiate with the lending institution to extend the repayment period or repay in installments.
2. If the lending institution fails to fulfill the court judgment during the performance period after winning the lawsuit in court, it will apply to the court for enforcement.
3. When accepting compulsory execution, the court will inquire about the properties, vehicles, securities and deposits in the name of the lender in accordance with the law.
4. If the lender has no property available for execution and refuses to fulfill the effective judgment of the court, negative information such as overdue repayment will be recorded in the personal credit report and the person will be restricted from high consumption and entry and exit. , and may even be subject to judicial detention.
According to Article 224 of the "Civil Procedure Law", "The property portion of legally effective civil judgments and rulings, as well as criminal judgments and rulings, shall be determined by the people's court of first instance or by the people's court of first instance or in conjunction with the second instance. The people's court of the same level as the people's court of first instance where the property subject to execution is located shall be executed. Other legal documents that are stipulated by law to be executed by the people's court shall be executed by the people's court where the person subject to execution is domiciled or the property subject to execution is located.”
According to Article 226 of the Civil Procedure Law, “If the People’s Court fails to implement the application for execution for more than six months from the date of receipt of the application for execution, the person applying for execution may apply to the People’s Court at the next higher level for execution. The next higher level After review, the People's Court may order the original People's Court to execute the case within a certain period of time, or it may decide to have this court execute the case or instruct another People's Court to execute it. ”
According to Article 229 of the Civil Procedure Law. Article 1, “If the person subject to execution or the property subject to execution is in another place, he may entrust the local people’s court to execute the execution on his behalf. After receiving the entrustment letter, the entrusted people’s court must start execution within fifteen days and shall not refuse. After execution is completed, the execution shall be The entrusting people's court shall be notified in a timely manner of the execution results. If the execution has not been completed within thirty days, the execution status shall also be notified to the entrusting people's court.
According to Article 313 of the Criminal Law (Rejection). (The crime of enforcing judgments and rulings) If the people's court has the ability to execute the judgment or ruling but refuses to do so, and the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine.
The entrusted people's court shall receive the sentence upon receipt. If the execution is not carried out within fifteen days from the date of the entrustment letter, the entrusting People's Court may request the superior People's Court of the entrusted People's Court to instruct the entrusted People's Court to execute it. "Once the civil judgment takes effect, the obligor shall automatically perform it. If they refuse to perform, the obligee may apply to the People's Court for compulsory execution.
According to the above legal provisions, if you borrow money from a credit company and are unable to repay it on time, the credit company may sue according to law. If the entrusted people's court does not implement it within fifteen days from the date of receipt of the entrustment letter, The entrusting people's court may request the superior people's court of the entrusted people's court to instruct the entrusted people's court to execute it. Once the civil judgment comes into effect, the obligor shall automatically perform it. If it refuses to perform, the obligee may apply to the people's court for compulsory execution.
< p>Extended information:Debt collection methods for unsecured assets
1. Telephone collection
Call you first. If you still don’t repay, then You will call your relatives and friends and tell them that so-and-so borrowed money from someone else and has not paid it back. Remember to remind them. Generally, for normal people, if it is just for borrowing a few thousand yuan and not paying it back, they will be arrested. If your relatives and friends know about it, they will often not be able to withstand the psychological attack and repay the loan, unless it is a scammer.
2. Come to collect debts
When the borrower is uncooperative and has a bad attitude, It is usually handed over to a specialized collection agency, and it is completely "reasonable" for them to come to collect debts. It is basically impossible to escape by not answering the phone, unless you are a floating population with no fixed residence and no fixed job. If you borrow money during this period. If a person chooses to call the police, even if the police come, since it is an economic dispute, it will usually be settled through negotiation between the two parties, and there is little chance of expelling or detaining the collector.
3. Use judicial means to collect the debt.
This is often a last resort. Debt collection is slow. You have to sue the court and submit a complaint. After the court accepts the complaint, you will be given a summons. The first time will be mediation. After the mediation fails, the court will accept the case and the court will issue a second summons. , determine the court date. Of course, you still don’t have to come to the court, but “missing the court” will not affect the judgment. The judge will send the judgment to you after making the judgment.
It goes without saying that the debtor loses the lawsuit. There are also people who are dissatisfied with the judgment and file an appeal. However, this is usually only when the penalty interest is too heavy and exceeds the legal provisions. The appeal is likely to be successful. , the part owed by the law still needs to be repaid, and the judgment will tell you when the money must be transferred to the court's account.
If you do not pay when due, the company will apply for enforcement. This amount of money may not be enough to seize your fixed assets, but it will freeze all your bank cards. After that, all bank accounts will be "only You can enter but not exit." This process is very simple. Once you leave a court enforcement record on the central bank's credit record. Then, in the future, it will be almost impossible to apply for a credit card, house purchase loan, etc., and to borrow money from banks, financial institutions, or small loan companies.
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