Joke Collection Website - Blessing messages - What should I do if I don't repay the repeated dunning?
What should I do if I don't repay the repeated dunning?
First, what should I do if I don't pay back the money many times?
1, negotiation
Settlement by negotiation means that both parties of creditor's rights and debts directly negotiate or invite a third party to mediate and solve disputes on the basis of voluntariness and mutual understanding.
Step 2 apply for mediation
You can submit a written application for mediation to the local people's mediation committee.
After reaching an agreement through mediation, the debtor shall perform its obligations as agreed, and shall not alter or terminate the agreement without authorization. If the debtor reneges or partially reneges after signing the agreement, the creditor may bring a lawsuit to the people's court and demand the other party to perform the mediation agreement.
Step 3 file a civil lawsuit
Debt dispute litigation is a kind of civil litigation. For some complex cases that are difficult for the other party to handle or solve by other means, the creditor may choose litigation procedures to solve them.
Second, what are the situations in which creditor's rights are not protected?
1. Loans for illegal activities.
Lenders know that borrowers borrow money to engage in illegal activities, and their lending relationship is not protected by law. If you lend a personal loan to others knowing that it is used for gambling, selling counterfeit money, selling drugs, smuggling and other illegal activities, the loan contract is not protected by law, and the perpetrator will be confiscated, fined, detained and even investigated for criminal responsibility.
2. Illegal financial business activities.
(1) illegally absorbing public deposits
(2) Absorbing public deposits in disguised form
(3) illegally raising funds from unspecified social objects in any name without legal approval;
(four) illegal loans, settlement, bill discount, capital lending, trust and investment, financial leasing, financing guarantee, foreign exchange trading;
3. Illegal financial activities under the cover of legal loans of non-financial enterprises.
The Supreme People's Court's "Reply on How to Confirm the Effectiveness of Lending between Citizens and Enterprises" stipulates that it shall be deemed invalid in any of the following circumstances:
(1) Non-financial enterprises illegally raise funds from employees in the name of lending;
(2) Non-financial enterprises illegally raise funds from the society in the name of borrowing money;
(3) Non-financial enterprises issue loans to the public in the name of lending;
(four) other acts in violation of laws and administrative regulations.
4. Loan contracts between enterprises.
"General Principles of Loans" stipulates: "Enterprises shall not borrow money in violation of state regulations or in disguised form." The loan contract between enterprises violates the national financial regulations and is invalid. According to the relevant laws and regulations, for the loan contract between enterprises, the court not only decides to return the principal, but also collects the interest that the lender has obtained or agreed to obtain, and imposes a fine equivalent to the bank interest on the borrower.
It is obviously a joint venture, but it is actually a loan contract.
According to the Supreme People's Court's "Answers to Several Questions on Trial of Joint Venture Contract Disputes", an enterprise as a legal person or institution invests in a joint venture, but it does not participate in the joint venture and does not bear the risk responsibility of the joint venture. If the principal and interest are recovered on schedule regardless of profit and loss, or the fixed profits are collected on schedule, it is obviously a joint venture, but it is actually a loan, which violates the relevant financial regulations and should confirm that the contract is invalid. In addition to returning the principal, the investor shall also receive the interest obtained or agreed upon by the investor, and impose a fine equivalent to the bank interest on the other party.
6. Loan relationship against the true meaning.
A loan relationship formed by one party against its true meaning by fraud, coercion or taking advantage of others' danger shall be deemed invalid. If the loan relationship is invalid due to the creditor's behavior, only the principal will be returned; If the debtor's behavior causes an invalid loan relationship, in addition to returning the principal, interest should also be paid with reference to the bank's similar loan interest rate.
7. usury.
In the legal and effective creditor-debtor relationship, the creditor can't do nothing because the other party doesn't pay back the money, but if the creditor wants to get the debt by beating or threatening, then the creditor itself will bear the legal consequences, and even the creditor will be sentenced. Therefore, the most effective way to collect debts is to file a civil lawsuit.
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