How long will it take for the court to file a case when the online loan is overdue?

Divided into the following situations:

1. When the borrower's online loan is overdue for more than 90 days, the financial institution has the right to sue the borrower. In other words, the borrower may be sued if it is overdue for more than 3 months.

2. After the financial institution files a lawsuit, the court will complete the filing within 7 days and notify the borrower.

3. After filing the case, the court will directly mail the notice, court summons, notice of proof and other materials to the borrower. In addition, information such as SMS will be sent to inform the borrower that if the loan receives the leaflet sent by the court, but it is not stamped or only notified by SMS, it is basically false news.

4. How the court will decide after being sued is related to the nature of the case. If it is a criminal case, the borrower may go to jail in addition to being fined. If it is a civil lawsuit, then the borrower's worst result is to be enforced by the court and become a faithless person.

5. Before the formal hearing, financial institutions will be organized to hold private consultations with borrowers. If the negotiated repayment is successful, the financial institution will choose to withdraw the lawsuit.

What are the overdue prosecution processes for online loans?

1. Financial institutions collate loan information (including loan contracts, borrower repayment records, overdue records, etc.). ), submitted to the bank, and start civil or criminal proceedings.

2, the court received the information, check and audit.

3. After the case was established, the court sent various litigation documents to borrowers and financial institutions.

4. The court organizes private consultation to see if it can be reconciled. If a settlement is reached, the financial institution will withdraw the lawsuit. If no settlement is reached, the court will inform both parties of the next court appearance time within 7 days.

5. The borrower needs to prepare a defense. The defense should be targeted, which can be aimed at one of the other's claims or one or more factual reasons in the other's complaint.

6. When the court is in session, the court conducts arbitration. Generally speaking, if it is an ordinary process, the court will close the case within 3 months. If it is an expedited procedure, the court will close the case within 30 working days.

Legal analysis:

Article 193 of the criminal law

The crime of loan fraud is under any of the following circumstances. Whoever defrauds banks or other financial institutions for the purpose of illegal possession, if the amount is relatively large, 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 yuan but not more than 500,000 yuan; 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 yuan but not more than 500,000 yuan or confiscated property:

(a) fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.