Is it really an indictment to send a text message in installments?

If the overdue loan amount is large or maliciously overdue, he may be sued by installments.

If the loan is in arrears for more than 3 months, the lender can sue the borrower in court, and so can installment payment. If the borrower is overdue for more than 3 months, and the installment payment fails during this period, then he can bring a lawsuit to the court for installment payment. In fact, however, it is rare to sue borrowers in future installments, because it is not cost-effective to sue them in future installments.

As long as the borrower shows his willingness to repay the loan, he can withdraw the lawsuit by stages at any time. After all, as long as the purpose of collection is achieved, we are unwilling to waste manpower and material resources to sue in the future. In many cases, the borrower will not be prosecuted by stages, because the overdue amount is small, and the prosecution by stages requires a certain amount of manpower and material resources, which is not worth the candle. Therefore, if you tell the borrower that you intend to sue by stages, you are actually trying to scare the borrower by stages and let the borrower consciously repay the loan.

Matters needing attention in loan

1. Limitation of action. It should be noted that if there is no agreed repayment period for the loan, the creditor can make a repayment claim at any time, which is not limited by the three-year statute of limitations. However, if the repayment request is not continued within three years after it is made, it will be deemed as exceeding the limitation of action and the law will not support it; Where the limitation of action is stipulated, the creditor shall claim the creditor's rights against the debtor within three years after the expiration of the loan period.

2. Insist that the creditor's rights must provide written IOUs and bank flow for payment, and try to avoid cash transactions; If there is no written receipt or it cannot be provided, it shall provide the necessary factual basis or the testimony of two or more witnesses who have no interest in it to support its claim. When the IOU or IOU is in the hands of the debtor, it is usually considered to have been paid off.

3. The interest rate of private lending can be higher than the bank interest rate, but the maximum annual interest rate shall not exceed 24%; If there is no agreed interest, it is regarded as an interest-free loan. If the agreement exceeds 24%, the excess interest shall not be protected according to law. Lenders may not include interest in the principal to seek high profits. If a borrower includes interest in the principal to calculate compound interest, only the principal will be returned.