Joke Collection Website - Blessing messages - Excuse me, credit wallet, is it true to send a text message saying that the prosecution is true? He said that after the case was established, all bank accounts in my name would be frozen and a lawyer'
Excuse me, credit wallet, is it true to send a text message saying that the prosecution is true? He said that after the case was established, all bank accounts in my name would be frozen and a lawyer'
I won't sue you. Yours should be a small sum. This is the dunning method of their collection department. Don't worry too much if you are really sued. This is a civil contract dispute, the repayment will be enforced at most, and you will not go to jail. Fraud is a virtual personal information to defraud loans and maliciously evade debts. You're not. Just handle it as soon as possible.
law of contract
Chapter XII
loan agreement
Article 196
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 197
A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of the loan contract include the loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 198
When concluding a loan contract, the lender may require the borrower to provide a guarantee. The guarantee shall comply with the provisions of the Guarantee Law of People's Republic of China (PRC).
Article 199
When concluding a loan contract, the borrower shall provide true information on the business activities and financial status related to the loan as required by the lender.
Article 200
The loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.
Article 20 1
If the lender fails to provide the loan according to the agreed date and amount, thus causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan according to the agreed date and amount, it shall pay interest according to the agreed date and amount.
Article 202
Lenders may inspect and supervise the use of loans as agreed. The Borrower shall regularly provide the Lender with relevant financial and accounting statements and other materials as agreed.
Article 203
If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.
Article 205
The borrower shall pay interest at the agreed time limit. If there is no agreement or unclear agreement on the time limit for paying interest, and it cannot be determined according to the provisions of Article 61 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.
Article 206
The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
Article 207
If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations.
Article 208
If the borrower repays the loan in advance, unless otherwise agreed by the parties, the interest shall be calculated according to the actual loan period.
Article 209
The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be extended.
Article 2 10
The loan contract between natural persons shall take effect when the lender provides the loan.
Article 2 1 1
If the loan contract between natural persons does not stipulate or clearly stipulates the payment of interest, it shall be regarded as non-payment. If the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate.
Extended data:
People's Republic of China (PRC) Securities Law
Article 21?
The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail.
Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts. .
Article 24?
Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.
Article 25?
Where the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the expiration of the performance period of the principal debt.
If the creditor fails to bring a lawsuit or apply for arbitration to the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.
References:
Baidu Encyclopedia: People's Republic of China (PRC) Guarantee Law
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