Online loan overdue receipt of SMS from mediation center

1. What should I do if the online loan receives the notice of opening the court after the deadline?

When the online loan is overdue, it should actively respond to the court notice. After the loan is overdue for a long time or deliberately not repaid, after the amount exceeds 2000, it can already constitute a fraud crime and is in danger of being sued by the online lending platform. Once the court decides that the online lending platform wins the case, the borrower not only has to pay the money that needs to be repaid, but also pays the litigation costs and huge fines of both parties, and even faces jail time.

Article 674 of the Civil Code, the borrower shall pay interest within the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.

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 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 677 Where the borrower repays the loan in advance, unless otherwise agreed by the parties, the interest shall be calculated according to the actual loan period.

Second, the overdue collection process of online loans

Overdue collection of online loans

(1) Just a few days after the deadline, the platform customer service MM gently reminds you that it is overdue, please repay it on time;

(2) If it is overdue for a long time, the platform customer service will give a serious warning, and if it is threatened again, it will face serious consequences;

(3) It has been overdue for a long time, and the platform no longer tries to convince the other party and begins to take practical actions.

There are many practical actions, such as: the platform pushes your arrears information to your relatives and friends, which makes you lose face in the circle of friends; The platform arranges special collection personnel to collect money at home and communicate face to face to collect accounts. Of course, these are still relatively mild. Some platforms outsource collection, and special collection companies collect them. The collection company "violent collection" that broke out some time ago believes that borrowers are not willing to encounter it.

3. How long will the online loan be overdue to automatically terminate the contract?

If the online loan contract has an agreed term, it will be terminated after the expiration of the contract. If there is no agreed time limit, it will not automatically terminate no matter how long it is overdue.

People's Republic of China (PRC) Civil Code

Article 563 The parties may terminate the contract under any of the following circumstances:

(a) the purpose of the contract cannot be achieved due to force majeure;

(two) before the expiration of the performance period, one party clearly stated or indicated by its own behavior that it would not perform the main debt;

(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;

(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;

(5) Other circumstances stipulated by law.

An open-ended contract with the content of continuing to perform debts may be terminated after the parties notify the other party before a reasonable period. For your better rights protection.

Legal objectivity:

Article 676 of the Civil Code of People's Republic of China (PRC) 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. Measures for the supervision and administration of credit card business of commercial banks Article 67 The issuing bank shall promptly remind the cardholder of the overdraft amount due and the repayment date. Unless the cardholder provides false information or changes the contact information without notifying the issuing bank. Article 68 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, the issuing bank shall collect money from the debtor himself and his guarantor, and shall not collect money from a third party unrelated to the debt, and shall not use improper means such as violence, coercion, intimidation or abuse to collect money. The collection process shall be recorded, and the recorded materials shall be kept for at least 2 years for future reference.