Joke Collection Website - Blessing messages - Is it true that Changjiang District Dispute Mediation Center?
Is it true that Changjiang District Dispute Mediation Center?
The short message of this mediation center belongs to non-governmental organizations!
To put it another way: "Mediation Center = Collection Agency"!
1. What is pre-litigation mediation? How to tell the true from the false?
There are actually many so-called "mediation centers and mediation agencies" in the market now, and nearly 90% of them are non-governmental organizations!
This kind of intermediary is actually a disguised collection agency!
This kind of mediation center will call and send text messages to the debtor from time to time after the debtor is overdue.
Stop talking on the phone. It's basically putting pressure on the debtor.
The main thing here is SMS! Such short messages will make the debt problem particularly serious!
If you don't participate in mediation, you will be sued by the platform, and then you will be included in the list of untrustworthy people, affecting your children, affecting your travel and freezing your property!
In fact, it is a dunning message sent to the debtor by the "private transfer center", which is not authentic! Mainly in the pressure on the debtor, urging the debtor to repay!
So even if you participate in mediation, the other party will only let you repay! Don't even think about other negotiation schemes!
Therefore, the mediation information released by such short messages starting with 1068 and 1069 is generally a collection agency! Not a lawsuit! Ignore it!
But pay attention to:
Some courts did send the debtor a short message of pre-litigation mediation through the number 1068/ 1069. This news is true!
Now is the situation of mediation. If mediation fails, enter the proceedings!
The people's court will indeed issue a "pre-litigation conciliation statement" to the debtor!
If you receive the short message of 12368, it means that you have been sued by the platform. Now is the state of mediation! Intermediary information is also true!
12368 is the official number of the national courts. Once there are disputes such as litigation and arbitration, this number will send text messages to the parties!
How to distinguish between true and false mediation before litigation?
Wechat applet search "people's court mediation platform"!
Then, after real-name authentication, you can check whether you are in a "pre-litigation mediation state" before being sued by the platform!
A: If it is not found, it means that the so-called mediation is false and belongs to the means of dunning!
B: If it is discovered, it means that you are really being sued. Then take the initiative to contact and participate in mediation according to the information found or the phone number in the short message!
What if the property is preserved before being sued?
At this time, the correct processing flow and coping methods are roughly as follows.
When you are sure that you have been sued and saved.
Take the initiative to contact the court judge at the first time! There is a court contact information in the short message, or there will be a court contact number in the e-book file served by the people's court!
The court usually doesn't go to work until 9: 00 a.m. and after 2: 00 p.m. so that the phone can get through! )
After the phone call, ask the judge which online lending platform/bank applied for pre-litigation property preservation!
Then consult the court judge:
1, "How long is the preservation period (judicial freezing period)?"
2. When will the trial begin? How is the case going now?
In general, the storage period is one month. The platform/bank will not sue or arbitrate the debtor within one month, and it will be automatically unfrozen when it expires! (If it has not been thawed, you can call the court and ask the court to thaw it! )
Generally, after the property is preserved before being sued, the debtor will receive the "ruling document" mailed by the court.
There is no need to apply to the court for reconsideration during the one-month judicial freeze period of pre-litigation property preservation. If it expires, it will automatically thaw!
The general reasons are as follows:
The court's judicial freezing of the payment account in its name shall take effect from the date of application. After taking effect, it will take 1-30 days for the written ruling to be mailed, and it may take 1-3 days for it to be mailed to the debtor. This is not a weekend recess.
The consequences of preserving property before being sued are: "WeChat wallet, bank card and salary card, Alipay are frozen by the court!"
Therefore, after being "preserved before litigation" by the court, you should contact the court judge as soon as possible to consult how long the freezing period of preservation is!
If the court's security freeze period exceeds one month, it means that you have been sued by the platform/bank!
Only at this time do debtors need to be dealt with!
1, get in touch with the platform, negotiate repayment with the platform, and sue for interception, as long as the negotiation is successful! Then the platform will revoke the lawsuit and preservation of the debtor!
2. If a loan contract is found, the court will sue for security violations and try to dismiss the other party's lawsuit!
3. If you have the repayment ability, you can directly participate in court mediation and explain your personal situation to the mediator! By the way, ask the appeal of the mediator platform! Both sides can exchange demands! At present, the freezing period of pre-litigation preservation is generally 1 month, 2 months, 3 months, half a year and one year!
The above is the answer to this question, and the following is extended reading and debt knowledge sharing.
1. Should I participate in the court's pre-litigation mediation or pre-litigation preservation after being sued?
Under normal circumstances, debtors are not advised to participate in pre-litigation mediation!
The reason for this is the following:
Courts that preserve property before accepting lawsuits are generally small courts. In this case, mediators and judges in small courts will be more inclined to banks/online lending platforms!
Debtors are like fish on the chopping block, being slaughtered by others! Because as long as there is no court session, the judges and mediators of the court are ordinary people, so their partiality is normal!
Secondly, there is a threshold for pre-litigation mediation!
To give the simplest example: when the online lending platform/bank applies to the court for pre-litigation preservation, it will generate a series of expenses such as lawyer's fees, material fees, execution fees and preservation fees!
These expenses are paid in advance by the online lending platform/bank, and the debtor needs to bear them later!
Therefore, some platforms and banks will require debtors to bear these legal fees first, and then mediate with debtors!
Of course, there are also special circumstances:
If the debtor has the ability to repay, then he can participate in pre-litigation mediation!
In general, the following repayment schemes can be adjusted:
1. Settle all the arrears at one time, and only pay the principal!
2. Repay in 2 installments!
3. Repay in three installments!
4. Repay in 6 installments!
5. Repay in 12 installments!
After successful mediation, the debtor should sign a mediation agreement with the platform/bank as soon as possible, and then apply to the court for lifting the judicial freeze with the mediation agreement!
Therefore, if you can intercept it and negotiate with the platform for repayment, try to intercept it and let the platform leave your case on the platform without suing you!
Otherwise the debtor will be very passive!
2. How to lift the judicial freeze if you don't participate in mediation?
Collect all the evidence that is beneficial to you, and then raise an objection to the court and ask the court to lift the judicial freeze on you!
For example, some platforms do not meet the legal requirements for their own interest, such as beheading interest, "borrowing ten and returning eight to twelve", or insurance products attached to loans, or transfer of creditor's rights.
3. What will happen after the freezing period is over?
Under normal circumstances, if the freeze period expires after one month, the freeze will be automatically lifted, and the platform will no longer make dunning for the debtor!
After a period of time, it was directly reported to the central bank's personal credit information system and turned this debt into a bad debt!
Once the debt becomes bad, it will be very troublesome to deal with it later!
Of course, there are also special circumstances:
1. Platform/bank directly sue the debtor!
2, general small loan contract disputes, mainly online court sessions!
Then I'll tell you what "negotiation" means!
At present, great changes have taken place in the major online lending platforms due to the arrival of the era of legal dunning, and some legal institutions still use old methods to help debtors deal with agreed debts.
This has led many debtors to think that it will be all right to entrust the debt out.
But it didn't take long for the platform to sue!
Therefore, we must not blindly negotiate, let alone blindly entrust negotiations!
Although all major platforms are in the era of legal dunning this year.
However, since June, major online lending platforms and collection agencies have not dared to explode the address book. Only a few informal collection agencies and online lending platforms will take risks and explode the address book. This probability is less than 10%!
Then the debtor can try to communicate and negotiate repayment with the platform first!
If you can do your best, if you can't, you can make money with peace of mind. Even if you are subsequently sued by the platform, you can take out the money and repay it!
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