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Loans overdue sued the court, what should Ping An Bank do?
1. What is the process for the court to collect subpoenas?
1, the court sued, filed a complaint, and the court accepted it. The acceptance fee is less than 10000 yuan in 50 yuan.
2. After the court accepts the case, it will issue a summons. Will mediate for the first time. (Of course, it is impossible for clients to come to court. ) and then mediation failed.
3. After the mediation fails, the court will issue a second summons to confirm the court session time (of course, the parties will not come to the court), but "not appearing in court" will not affect the judgment, and the judge will send you the judgment after the judgment. Needless to say, if you lose the lawsuit, the judgment will tell you when the money must be transferred to the court account.
If you don't make money at maturity, then the company will apply for enforcement. This money can't seal up fixed assets, but it will freeze all bank cards. At this time, all banks can only enter and exit.
Two, the court summons mainly includes:
1. notification letter.
The first letter mainly tells you that it is wrong to overdue, and if you continue to overdue, you may go to jail. But we all know that private lending disputes are not criminal cases, so we will not go to jail at all.
2. Lawyer's notice.
First of all, the bosses should pay attention to it. First of all, they should confirm the authenticity of the lawyer's notice. If it's a notice from a real law firm, pay back the money quickly, and don't wait to be sued.
3. Notice of filing a case.
It's very important to distinguish between true and false, such as the following one, which is false at first glance.
4. Overdue warning.
For loans with credit information, overdue will really affect credit card and loan applications and personnel applications.
5. Notice of hearing.
Go to the local court network or call the court to check the case number, and you will know whether it is true or not.
Legal basis: Civil Code of People's Republic of China (PRC).
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.
Article 678 The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be extended.
Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
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