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What should I do if the lending institution informs me of the lawsuit by SMS?
Many people see that the threshold of online lending is low and the application is easy, so they borrow money everywhere. As a result, they can't afford to pay back the money. After the deadline, through various means of collection, SMS collection, telephone collection, and even prosecution. Someone owed a loan and received a text message from 12368 saying that a case had been filed. What should I do in this case? Let's see how to solve it together.
What should I do if I receive a text message from 12368 saying that a case has been filed?
First, we must determine whether the case is true or not. After all, filing a case means that the borrower will be sued. Many of the short messages sent by 12368 are fabricated by online lending platforms, urging borrowers to repay their loans quickly and taking advantage of borrowers' panic to recover their loans as soon as possible.
Usually, the text message will show the case number and the name of the court where the case was filed. The borrower can log in to the court official website and enter the case number and name for inquiry. If it can be found that the case is actually filed, the borrower will take corresponding measures.
For example, the borrower contacts the online loan platform for repayment or negotiates repayment before suing to see if it can withdraw cash. If the online lending platform has no money to repay, is unwilling to negotiate and insists on prosecution, the borrower should not be afraid of not being able to repay without money. As long as it does not have the ability to refuse repayment, there will be no big problem.
After all, if the borrower does not appear in court, he will be sentenced by default. If he participates, he can fight for his rights. For example, if he has the repayment ability, he can negotiate repayment with the online lending platform again under the mediation of the court, which may be successful. Even if the negotiation is unsuccessful, the court's judgment will not affect the subsequent repayment.
The above is the relevant introduction of "owing online loan received 12368 SMS saying that the case has been filed", and I hope it will help everyone.
How to solve loans overdue after being sued?
The debtor should pay off the loan immediately.
1. After the overdue loan is prosecuted, the parties shall repay the arrears as soon as possible to avoid the bank suing the parties. If the principal can be paid off in one lump sum, it must be paid off before the police file a case. This can avoid criminal punishment.
2. loans overdue is sued by the bank, and needs to pay back in time after filing the case, otherwise he will bear criminal responsibility. If you can't repay the loan on time for special reasons, you can apply to the bank in advance and ask for a delay in repayment, and explain the reasons for the delay. After the deadline, before the police file a case, they can be exempted from criminal punishment and repay the principal.
3. After loans overdue is sued, the lender will face serious consequences. If he wants to avoid the seizure of assets and bear criminal responsibility, he must repay the principal quickly, so as to avoid criminal punishment. He should actively negotiate with the lenders to raise the first batch of funds as soon as possible. As long as he has the money to repay the lender, he will generally drop the lawsuit and then make a new repayment plan. Whether borrowing money or swiping a credit card, he must solve this urgent need first.
1, about loans overdue
1) overdue loans are also called "overdue loans" or "overdue loans". Refers to the unpaid part of the loan within the repayment period stipulated in the contract. From the date of overdue, transfer to the overdue loan account, and indicate the words "overdue loan" in the header of the loan account.
2) In order to urge the loan unit to return the overdue loan as soon as possible, 20% interest will be charged on the overdue part. According to the national loan regulations, if the principal and interest cannot be repaid on schedule, it shall be returned with the retained basic depreciation fund, enterprise fund or profit, and shall not be squeezed into the cost, occupy taxes or collect profits.
2. About filing a lawsuit within the time limit.
1) loans overdue is a problem that cannot be ignored. Lending institutions will collect overdue debtors in various ways, in addition to common SMS and telephone collection, they will often go to court to sue debtors for repayment.
I just received a text message (notice of litigation) saying that my loan has not been repaid. What should I do?
In daily life, we will receive text messages from friends, companies, or various sales promotions, but what should we do if we receive text messages saying that the loan has not been repaid? First of all, the first thing we have to do is to confirm whether we have a loan. Secondly, we will have a lot of communication with the sender to see if he is a liar or a customer service staff of the real loan platform. The times are developing rapidly. In this big information age, we must pay more attention to protecting our personal privacy and property, and we can't let our efforts for a month or a lifetime go to waste. Let's talk about it by Xiaobian.
First, true or false, the loan platform charges our fees in different ways.
In today's very developed era, people with malicious intentions emerge one after another. They will create some loan platforms, but their platforms can't get loans, not only can't get loans, but they will also charge us fees to fool us into thinking that we can get loans. By the time we realize the problem, it will be too late. We have been cheated of our money, so we must pay more attention.
Second, fraudulent short messages are dangerous, so be careful.
SMS is a very convenient thing. When we can't contact our relatives or friends because of some urgent matters, we will choose to send text messages, so some scammers seize this point and pretend to be their relatives to send text messages to defraud money. Therefore, when we receive this short message, we must first prove that the other party is really our friend to prove the credibility of this short message, because if we don't take precautions, we will be cheated if we are not careful with our money.
Third, your personal information must be kept strictly and cannot be leaked casually.
The most important thing is to keep our personal information strictly, because there are many softwares that need verification codes and ID numbers. These actions are all aimed at defrauding our personal information. For example, we sometimes get sales calls or game sales calls, because they have included our mobile phone number in their database, so they can call. Personal information must be properly kept and cannot be disclosed casually.
What do you think of this? Please leave a message in the comments section.
What should I do if I receive a text message from Wanda Loan Company to sue the court?
If you receive a text message saying that the loan has been sued, then you need to choose to reply in time. Therefore, you can collect relevant evidence, submit a defense within the specified time, and let the court accept it. Generally, you need to attend the court session according to law. Respond to the lawsuit according to law. First of all, you should submit a defense and a copy to the people's court within 15 days after receiving the complaint.
Legal analysis
If a counterclaim is needed, it can be stated in the defense. Secondly, we should make all kinds of preparations to attend the proceedings in court and attend the trial on time according to the summons of the people's court. Under normal circumstances, if the defendant fails to appear in court after receiving the summons, the judge can try by default, and if he has to appear in court but fails to appear in court, the court can force him to appear in court. During the trial, the judge will conduct a comprehensive review of the case, and both parties can give full evidence, cross-examine and express their arguments, giving up the right of reply, which is not conducive to the judge's finding out the facts and will bear adverse legal consequences. I suggest you prepare your defense in advance, attend the trial as scheduled, and safeguard your legitimate rights and interests. I suggest you prepare your defense in advance, attend the trial as scheduled, and safeguard your legitimate rights and interests. If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default. If you receive a text message and are sued, the parties need to choose to respond under any circumstances. As long as they collect relevant documents, they can guarantee their right to win the case. Therefore, they must know how to protect their rights and interests. If they choose not to respond, the court will try in absentia.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 109 If a people's court refuses to appear in court twice without justifiable reasons after being summoned, it may compel the defendant to appear in court.
Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 125 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 receiving the indictment. 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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