How to deal with overdue online loans?

Online loan is a new financing method, which is supervised by CBRC and has the advantage of simple operation. But when the online loan is overdue, the consequences are very serious. First of all, the loan will not have a bad credit record, which will affect other loan businesses in the future. Lending institutions will charge overdue penalty interest and liquidated damages. The longer they are overdue, the more money they have to pay. If the overdue period is long and the amount is large, it may be sued by the lending institution. If the court still refuses to repay the loan after the judgment, it will be included in the list of people who have lost their trust.

Whether it is an offline financial institution, a bank or an online loan, both parties will sign a paper or electronic loan agreement. In the loan agreement, all the contents of repayment are clarified. Once the repayment is overdue, it will bring a series of serious negative effects. Therefore, the borrower must repay the loan on time and try not to be overdue.

When the lender owes a credit card to the bank or a loan to the online platform, it will bear the overdue responsibility for a long time.

1. If the online loan is overdue, sue 1. As long as it is overdue, the lender can sue.

Generally speaking, online loans will be prosecuted if they are overdue for three months.

3. According to the relevant laws and regulations, the borrower should repay the loan on the agreed time, otherwise it will be overdue. If the lender fails to repay the loan after reasonable reminder, the lender may bring a civil lawsuit to the people's court.

Second, the process of online loan prosecution 1, the prosecution should meet the conditions of prosecution. When a party brings a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party;

2. The prosecution shall submit relevant evidential materials to the court;

3. Submit the above materials to the court, and the court will decide whether to file a case for acceptance.

If the debtor is unable to pay off the debt, the creditor may bring a lawsuit to the court to force the debtor to pay off the debt in a legal way.

1. How long will the online loan prosecution last? Compulsory execution within six months after the online loan prosecution. After executing the case, the court shall take compulsory measures within six months. If compulsory enforcement measures are not taken within six months, you may apply to a higher court for upgrading execution. If the property applied for execution or the respondent is in a foreign country and it is inconvenient for the executors of the people's court with jurisdiction to go to execute it, they may entrust the local people's court to execute it on their behalf. The entrusted people's court shall start execution within 15 days after receiving the letter, and shall not refuse. After the execution is completed, the people's court shall be informed of the execution results in writing in a timely manner.

Second, the court enforcement process When the credit card or online loan is overdue and the arrears are not paid for a long time, the bank or financial institution will take the form of litigation to recover the arrears and will bring the debtor to court, usually a civil lawsuit. If the court decides to repay the judgment arrears within a certain period of time. The debtor fails to perform the court's judgment and repay the arrears. Banks or financial institutions may apply to the court for compulsory execution.

1, apply to the court

When a civil judgment is issued, if the debtor refuses to perform the judgment or repay the loan, the bank or financial institution may apply to the court for compulsory execution.

2. Send a notice of execution to the person subjected to execution.

After receiving the application for designation, the court enforcement personnel shall issue an enforcement notice to the debtor, ordering it to perform within the specified time limit, and if it fails to perform within the time limit, it shall be enforced. If the person subjected to execution fails to perform legal documents, the person subjected to execution shall take compulsory measures.

3. Compulsory measures

Inquire, freeze and transfer the deposit of the person subjected to execution; Seizure or withdrawal of the income of the person subjected to execution; Seal up, detain, auction or sell off the property of the person subjected to execution; Search the property of the person subjected to execution; Breaking faith with the person subjected to execution, the limit is doubled, and access is restricted.

Online loans may go to jail if they are overdue. But generally it won't come to this, unless things are particularly bad or involve illegal crimes.

First, online loans may go to jail if they are overdue. If the online loan is overdue, it belongs to a civil contractual relationship, and the prosecution will not go to jail. However, if the court decides that you have the ability to repay the debt, but refuses to repay it, the court may impose a fine and detention according to the seriousness of the case. Anyone suspected of committing a crime will be investigated for criminal responsibility and may be suspected of refusing to perform the judgment or ruling.

If the court decides the borrower to repay, but the borrower refuses to repay, that is, he has the ability to repay, that is, he maliciously evades and cancels the debt, and there is "lazy" behavior, then the court may pursue criminal responsibility, and the borrower may be convicted of "refusing to execute the judgment or ruling" and sentenced to fixed-term imprisonment of not more than three years.

Of course, the average online loan will not go so far when it is overdue. Because the general loan amount of online loans is relatively low and the user base is relatively large, it takes a lot of time and money to take this step. If the platform insists on suing the borrower to the point of imprisonment, it will not be worth the candle.

Second, the situation of overdue imprisonment of online loans. It is true that disputes in peer-to-peer lending are civil disputes and generally do not go to jail. But if there are the following behaviors, that is another matter.

1. There is loan fraud.

Fraud is actually a kind of fraud. Common fraud mainly provides false loan information or false mortgage guarantee materials. For example, in the early days of Internet finance, when online loans were not standardized, some people used other people's ID card information to withdraw funds from the platform, and some people used false work certificates and property information to prove loan qualifications. A situation like this is naked fraud. If you violate the criminal law, you will definitely go to jail.

2. Malicious non-repayment.

Many people are overdue because they are really unable to repay, which leads to overdue. But it is undeniable that many people in life live by borrowing money and borrow various loans everywhere. To put it bluntly, these people are broken and broken, and they don't return it. There are still some people who have the ability to repay. In order not to let their living standards decline, they are unwilling to sell their cars and houses to repay. At this time, the platform can be sued, and the court will also make a judgment to force the borrower to repay. If the borrower is still tough and unwilling to pay back the money, he will be sentenced to fixed-term imprisonment of not more than three years for "refusing to execute the judgment or ruling".

I want to remind you that, in any case, try not to let your own loans overdue, because this situation will be recorded in the big data credit. Overdue repayment will lead to abnormal data credit of borrowers. Therefore, the borrower will become a person who breaks his promise and all aspects of his life will be restricted. Friends who don't know their big data credit status can check their credit status on relevant platforms, and know their loan records, debt details, untrustworthy information, overdue details of online loans, blacklists and other information.