Joke Collection Website - Public benefit messages - Is it true that you owe Alipay money and say that there is a court summons for prosecution?
Is it true that you owe Alipay money and say that there is a court summons for prosecution?
First of all, borrowing money from the app is a civil act. After receiving the short message, the subject should check the corresponding litigation information with the sued court, such as the specific court, the judge in charge, whether the court mailed the summons, and what is the mailing address. It is less likely that the court will file a case by SMS. The subject must first rule out the risk of being cheated.
Secondly, the subject should carefully read the loan agreement signed before. In particular, the relevant provisions on loan interest. Measure whether the loan interest conforms to the relevant provisions of the state. China's civil code clearly stipulates that high-interest lending is prohibited, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
Finally, if the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds four times the market quotation of one-year loan at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th. In other words, if the interest is higher than the interest stipulated by law, the subject can no longer repay it.
Relevant laws and regulations:
The Civil Procedure Law stipulates that:
1. If the addressee or his adult family members who live together refuse to receive the litigation documents, the addressee may invite representatives of relevant grassroots organizations or units to be present to explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses;
2. You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos or videos, which will be deemed as delivery.
3. If the addressee's whereabouts are unknown, or it cannot be served by other means specified in this section, it shall be served by public announcement. Sixty days after the announcement, it shall be deemed to have been delivered. When the announcement is served, the reasons and process shall be recorded in the file.
Article 143 of the Civil Procedure Law of People's Republic of China (PRC), if the plaintiff refuses to appear in court without justifiable reasons after being summoned by 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.
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