Loans overdue, does he have to go to court if he is sued?

Loans overdue doesn't have to go to court. If neither I nor the agent appear in court, the court may make a judgment by default, and if it is necessary to appear in court but fails to appear in court, the court may summon it. After the judgment comes out, the plaintiff can apply for execution by virtue of the winning judgment. According to the relevant laws and regulations of our country, before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether it is allowed or not shall be decided by the people's court. The people's court has ruled that the withdrawal of the lawsuit is not allowed, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned, the judgment may be made by default. If the parties do not go to court, it means giving up the defense and losing the opportunity to defend. The court will verify the plaintiff's evidence and make a judgment according to law.

First, the consequences of not appearing in court:

1. If you don't appear in court, you will be sentenced by default, and then you will be restricted to pay off all the arrears within one month, including liquidated damages and interest. In other words, if you are absent, the court will agree to all the requirements of the other party, including high liquidated damages and penalty interest.

2. If you don't appear in court, you will be considered by the court to be suspected of malicious arrears, incorrect attitude and intentional evasion of fees.

3. Even if you can't pay back the money and can't appear in court, you can defend yourself. As long as you go, you can reduce a lot of liquidated damages and interest, and even if there are special circumstances, you can ask for only the principal.

4. The judge is a person who sympathizes with the weak, and has the feeling of meeting and hating each other. Therefore, as long as you tell your difficulties and your current situation, the judge will help you mediate with the other party. In other words, as long as you go, you can reach an agreement in stages. If you don't go, you can only pay it off at one time. Therefore, whether online loans or banks sue you, they must appear in court.

Second, how to remedy overdue under different circumstances:

1. Short-term overdue: If the cardholder is short-term overdue, he can take the initiative to pay off the arrears, and then take the initiative to contact the bank and take the attitude of Chen Ken's request to eliminate the overdue records. Some banks will upload overdue records to the central bank's credit information system next month, so he must take the initiative to pay off the arrears as soon as possible after the deadline. After applying for online loan, if it cannot be repaid in full and on time due to its own reasons, it will be regarded as overdue behavior, and the online loan center will use SMS or telephone collection to achieve the purpose of repaying debts.

2. Overdue for more than 90 days: if the cardholder is overdue for more than 90 days, he can keep a good repayment record after paying off the arrears, and the bad credit record will be automatically eliminated after 5 years.

3. Unexpected overdue: If the cardholder is overdue for special reasons, such as unemployment or serious illness, he can take the initiative to contact the bank, explain the reasons for overdue, and then issue a non-malicious overdue certificate, which will not affect the subsequent credit business.

4. Being overdue: If the cardholder's overdue is not caused by his own reasons, he needs to explain the situation to the bank, and then submit an objection application to the local people's bank, which will generally give a reply in about 15 days.

We must pay attention to it after it is overdue, especially if the overdue amount is large. Be sure to find a way to actively repay and actively negotiate with each other. If we really have difficulties, we have to ignore them or even disappear, so that the other party may sue ourselves if we can't contact ourselves. If you don't go, you will lose the opportunity to fight for interest-free for yourself.

Legal basis:

The Civil Procedure Law of People's Republic of China (PRC) stipulates that:

Article 109 A people's court may summon a defendant who must appear in court, but refuses to appear in court after two summonses without justifiable reasons.

Article 143: If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.

Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.

Article 145 Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether to grant it or not shall be decided by the people's court.

The people's court has ruled that the withdrawal of the lawsuit is not allowed, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned, the judgment may be made by default.