How long can I sue after the deadline?

Xiaoman Finance will not sue for 3 years.

If the borrower is less than three months overdue, Xiaoman Finance has no right to sue. If the borrower is overdue for more than three months, but the amount owed is not very large, and the customer actively negotiates, although it cannot be paid off at one time, it has not escaped, and Xiaoman Finance generally will not sue. However, if the borrower fails to pay back for a long time, and the amount owed is not low, or even the borrower can not be contacted, then Xiaoman Finance is likely to bring a lawsuit to the court. Xiaoman Finance is a formal lending platform. At present, the platform has been connected to the central credit information system. If it is overdue, you will have a bad credit record. Bad credit records generally take five years to eliminate.

Consequences of overdue

1, which affects credit reporting, is a product mainly aimed at credit reporting. In addition to banks, many consumer finance and licensed microfinance companies can access the credit report of the central bank. Therefore, when applying for such products, they will not only check the credit information, but also go to the credit information after the deadline.

2. Penalty interest basically, once all credit products are overdue on the first day, penalty interest will be calculated. The longer the overdue period, the more penalty interest.

3. The financial institutions of the banks that have been collected will also collect money, mostly by telephone. Although it is not as violent as private lending, it will also have a certain impact on life. If the overdue amount is too large, you may be prosecuted. As long as the evidence is conclusive, the court will freeze the assets under your name for debt repayment, and may even be included in the blacklist of "untrustworthy executors".

Article 675 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 510 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.

Legal basis:

Article 675 of the Civil Code

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 510 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 22 1 of the Civil Procedure Law of People's Republic of China (PRC).

Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:

(1) There is no other debt dispute between the creditor and the debtor;

(2) Payment orders can be served on the debtor.

The application shall specify the amount of money or securities required and the facts and evidence on which it is based.

How long will you be prosecuted for less than 40 thousand

Generally, if it is overdue for more than three months, the loan platform has the right to sue. Of course, the platform will not sue casually. After all, litigation requires a lot of energy, material resources and financial resources, so most of them will bring a lawsuit to the court when the overdue period is particularly serious.

Usually, if the borrower is overdue, he will collect it first, send a text message or call the borrower to remind the other party to repay the loan as soon as possible. If the borrower still fails to repay the loan after repeated collection, and the overdue time is relatively long, the overdue amount is relatively large, and even no one can be contacted, he will consider suing the other party through legal channels.

legal ground

Article 119 of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 17) The conditions for prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

How long will it take to be prosecuted?

If it is overdue for 90 days, it may be prosecuted. According to the current relevant laws and regulations, loans overdue can institute legal proceedings within three months.

1. What are the effects of small loans overdue?

1, retirement pension. If you are in a formal lending institution, after loans overdue, you will generally go to a credit bureau. If you don't pay it back for a long time, you may be sued. If you fail to repay the principal and interest in arrears within the time stipulated by the court, and there is no executable property of the patient in your name, your pension will be affected. Simply put, after being sued within the time limit, it will affect the payment of subsequent pensions. Only the amount of local minimum living standard is left every month, and the rest is used to repay the arrears. 2. Can't enjoy the preferential loan interest rate. Don't think that the amount of small loans is not very high. Occasionally overdue for a period of time will be fine, and the overdue amount can still be borne. In this way, the computing institution will definitely be "back-calculated". For example, if you go to a bank for a loan in the future, even if you have preferential interest rate activities, you won't meet people with loans overdue records. 3. Reduce the loan success rate. Although some online lending institutions may not receive credit information after the deadline, there will actually be a shared "blacklist" system in the circle. As long as they are overdue, if they apply for a loan again, the success rate will also decrease. Regardless of the amount of overdue loans, the consequences of long-term non-repayment are very tragic.

Second, how to resume credit reporting after the deadline?

If you want to resume credit investigation after the deadline, you must first deal with the arrears. If we don't deal with them, we will never be able to recover the credit information. Therefore, users need to pay back money quickly, followed by credit reporting. Generally speaking, most lending institutions only look at the credit information in the last six months, and it is more convenient for a few lending institutions to look at this procedure. Carry it for one year, and it is recommended to keep the credit information for at least half a year. It should be noted that it does not mean that the collection of credit information has no impact. Even the overdue records will remain in the credit report for five years before disappearing, so it may have an impact on the comprehensive evaluation during the examination and approval process, but the impact is relatively small.

In a word, loans overdue is still very serious. If you really need money urgently, you can apply for a credit card or apply for a loan on a regular loan platform to ease the temporary economic pressure and repay it through your own efforts.

How long can I sue after the deadline?

Legal analysis: If the customer does not repay the loan after doing it in Xiaoman Finance, whether the platform will sue depends on the specific situation.

If the customer is overdue for less than three months, Xiaoman Finance has no right to sue. Even if it is overdue for more than three months, if the amount owed is not very large, the customer has not directly evaded the repayment, but has been paying it back bit by bit, and Xiaoman Finance will naturally not sue. If Xiaoman Finance's dunning phone is also connected correctly.

You know, litigation requires a lot of manpower, material resources and financial resources, and it is easy not to prosecute. Of course, if the customer fails to repay for a long time, the amount owed is not low, and Xiaoman Financial's customers still fail to repay after repeated reminders, or even can't contact anyone, then Xiaoman Financial is likely to bring a lawsuit to the court.

At that time, after the judgment of the court, if the customer refuses to repay the loan, it is likely to be included in the list of untrustworthy executors by the court, causing serious adverse consequences. Customers are advised to find ways to pay off their debts as soon as possible after the deadline. If you can't pay off your debts in a short time, you can also take the initiative to contact the platform customers to negotiate and try to apply for an extension.

Legal basis: Article 12 of the General Principles of Loans: If the loan cannot be repaid on schedule, the borrower shall apply to the lender for loan extension before the loan expires. Whether the extension is decided by the lender. When applying for extension of secured loan, mortgage loan or pledged loan, the guarantor, mortgagor and pledgor shall also issue a written consent certificate. If there is an agreement, it shall be implemented in accordance with the agreement. The cumulative extension period of short-term loans shall not exceed the original loan period; The cumulative extension period of medium-term loans shall not exceed half of the original loan period; The cumulative extension period of long-term loans shall not exceed 3 years. Unless otherwise stipulated by the state. If the borrower fails to apply for extension or the application for extension is not approved, the loan will be transferred to the overdue loan account from the day after the maturity date.