Joke Collection Website - Blessing messages - Is it legal for the online loan company to transfer the creditor's rights to the collection company to urge the court to sue the borrower?
Is it legal for the online loan company to transfer the creditor's rights to the collection company to urge the court to sue the borrower?
It is not illegal for online loan companies to transfer creditor's rights.
Online lending companies don't sound very good, but there are still many companies that issue loans through the Internet, standardize their operations, obtain filing permission, and pay interest within the legal scope. Such creditor's rights are legal and effective and can be protected by law.
According to the law, anyone has the right to transfer his creditor's rights to a third party. This process does not require the debtor's consent, but only needs to inform the debtor that the creditor's rights transfer contract will take effect.
It should be noted that if the debtor wants to transfer the debt to others, it must obtain the consent of the creditor, which is not a legal discrimination; But creditor's rights are rights and debts are obligations. The transfer of rights is naturally much looser, while the transfer of obligations is naturally much stricter. If it is transferred to a person who has no repayment ability without the creditor's consent, the creditor will suffer losses, and the transfer of the creditor's rights will not affect the debtor's future, and the money that should be repaid will have to be repaid.
As a third party, the collection company has the right to obtain creditor's rights.
In fact, the collection company sounds uncomfortable, which only shows that their business is mainly debt collection, because many collection behaviors are criticized. However, there are indeed many legally registered collection companies that use collection methods to claim creditor's rights in a standardized and legal way.
When the online loan company transfers the creditor's rights under its own name to the collection company, then the collection company is the real creditor, and it is of course legal to ask the debtor to fulfill the repayment obligation according to its own rights.
The third party does not need the debtor's consent to obtain the creditor's right, but it needs the creditor's consent. After all, this transfer process is the transfer of creditor's rights, and the consideration and exchange conditions need to be discussed. Whether it is a free gift or a paid transfer, the debtor has no right to participate in this process and has no right to express his opinions. As long as you finally know who to return the money to.
How to deal with usury and violent collection?
In fact, the bad feelings towards online lending companies and collection companies often come from the impression that online lending is usury, and collection companies are accompanied by violent collection; Whether it is usury or violent collection, it is actually illegal.
In the face of usury, after being sued, the borrower has the right to directly raise interest objections, demand relief and refund the remaining interest; If the usury company has been lending for a long time, the borrower has the right to report the crime of illegal business directly.
In fact, violent collection is an abhorrent problem. Some are harassing phone messages, some are harassing people at home, and some are even threatening violence. In the face of these collection methods, borrowers should collect relevant evidence and choose to ask for help in the face of threatening behavior.
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Borrowers can't not pay back the money because they borrowed online loans, but should collect the company's money; On the contrary, if the contract is violated, the return of high interest needs to be confirmed by negotiation or judgment, and the contract cannot be unilaterally torn up.
Therefore, when the online loan company transfers the creditor's rights to the collection company, it is legal and reasonable for the collection company to bring a lawsuit to the court. If the borrower has any objection, it will raise it during the trial and strive for protection.
No matter what money you borrow, you have to pay back the money you owe! Protecting creditor's rights is a basic right.
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