Joke Collection Website - Public benefit messages - Bai Hua received a lawyer's letter after the deadline. What if there is no money now?
Bai Hua received a lawyer's letter after the deadline. What if there is no money now?
(The following are the personal opinions and knowledge points summarized by some netizens, as well as the public information of the platform. If you have legal needs, please consult a professional lawyer. This article is for reference only)
First of all, distinguish between true and false lawyer letters, and don't give yourself too much psychological burden. Secondly, whether it is true or not, it is a fact that you are overdue. What you have to do now is to raise money and pay back the money. Finally, if you really have no money, you should take the initiative to negotiate repayment with the platform.
Alipay is familiar to everyone, so I won't introduce it much. Generally, there are three products that we have a loan relationship with Alipay: 1, loan; 2, flower buds; 3. Online commercial loans. Loans and flower beds are generally used by individuals, while online business loans are used by small and micro enterprises and self-employed individuals. At present, I only use borrowed flowers and plants, and I have never been overdue.
These three products will inevitably encounter various things after they are overdue, such as the early telephone law. It is normal that you may receive a letter from a lawyer after a long time. Generally, you may receive a letter from a lawyer after more than three months, but there is no need to be nervous at all. Just face the facts positively.
What if I really get a letter from my lawyer?
First of all, distinguish between true and false lawyer letters.
We should be clear in our hearts that it is very normal for Alipay to be sent a lawyer's letter after it is overdue. You should know that when the debt exceeds a period of time, the platform will outsource the debt to a third party. At this time, the third party will use various methods to make you repay.
However, many people don't know the truth of Alipay lawyer's letter. Please see the real Alipay lawyer letter shared by the lawyers below:
Second, raise money to repay.
Whether the lawyer's letter is true or not, it is a fact that we are overdue. It is a matter of course to pay back debts since ancient times, so it is very important to raise money to repay. It is best to borrow money from relatives and friends, and never borrow money from other platforms, so our debt situation will get worse and worse.
?
But in recent years, everyone knows that the epidemic has been repeated, and it is good to survive. If I really send you a lawyer's letter, there is a high probability that I can't raise money, so I suggest using the following scheme.
Finally, negotiate with the platform.
If you really don't raise money, don't worry, take the initiative to contact Alipay platform to explain your real situation, tell the platform that it is not intentional overdue, and there is really no repayment ability for the time being, and then try to negotiate repayment. The purpose of contacting Alipay is to tell you that you are willing to repay. This is a question of attitude. If the negotiation is good, the lawsuit will definitely be dropped.
According to the experience summarized by some lawyers, through consultation, the repayment of Huabai loan can be postponed for six months to two years, and will be repaid in one lump sum after maturity; Online merchant loans can be postponed for 1 -2 years or repaid in installments of 12-54, which is quite flexible.
If the negotiation is postponed successfully, the arrears and credit information will be overdue. If you need a mortgage or car loan in recent years, it is not recommended to negotiate. In this way, two situations may occur. If you don't want to postpone borrowing and spending, you can only choose to raise money to pay off debts and eliminate credit records after 5 years. For overdue online business loans, if you don't want to postpone them, you can negotiate the installment. If the negotiation is successful, the platform will not report overdue records, as long as you repay as required.
Personally, I don't feel nervous and panic when I receive a lawyer's letter from Alipay, because sending a lawyer's letter doesn't mean suing you. Its purpose is a warning. But we must actively deal with this matter to prevent the snowball of debt from getting bigger and bigger.
Bai Hua received a lawyer's letter after the deadline. What if there is no money now?
Repay as soon as possible, and the legal way of debt collection: 1. Sign a repayment agreement with the other party. If the other party does not deny it, but delays the repayment under various excuses, then it can sign a repayment agreement with it to clarify the repayment method and time limit. 2. It may also be agreed with the other party that if the debtor fails to repay the debt at maturity, he may apply to the court for compulsory execution of the debtor's property and notarize it. If there is a notarized repayment agreement, once it expires, the creditor can directly request the court to execute it according to the agreement, which avoids many complicated litigation procedures and saves time and money. 2. Property preservation shall be carried out fifteen days before the prosecution or at the same time. The so-called property preservation means to apply to the court for sealing up, distraining and freezing the property interests of the respondent before or at the same time of litigation, so as to ensure that the applicant can execute the ruling after winning the lawsuit. Of course, the application for preservation must provide a guarantee in advance, and if the application is wrong, the respondent must be compensated for the losses suffered.
People's Republic of China (PRC) Civil Code
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 671 Where the lender fails to provide the loan on the agreed date and amount, thus causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan according to the agreed date and amount, it shall pay interest according to the agreed date and amount.
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.
I owe you flowers. I can't repay them. What if I receive a letter from a lawyer?
1, if you don't actually owe the debt or the amount owed is wrong, you should explain the situation to the lawyer who issued the lawyer's letter in time and provide the corresponding evidence as much as possible for the lawyer to verify. 2. You should contact the lawyer in time and actively repay the loan. If it is difficult to repay in one lump sum, you can also negotiate with your lawyer to repay in installments. If you don't know what to do if you receive a dunning lawyer's letter, if you ignore the lawyer's letter, the other party may sue in court, and then you may lose legal fees and interest on the arrears. A lawyer's letter refers to a professional legal document made and issued by a lawyer to disclose and evaluate relevant facts or legal issues, and then make a request to achieve a certain effect. Its essence is a legal act of entrusting an agent to express his will, which plays an important role in safeguarding the legitimate rights and interests of the parties. According to different functions, lawyer's letter is mainly divided into: 1 and lawyer's reminder letter. It is the most commonly used one at present. "Sue" means to inform the trustee of the client's wishes, and "urge" means to urge the trustee to do or not do something. 2. Lawyer's inquiry letter. Mainly used to understand and inquire about relevant legal matters. 3. The lawyer replied. It is a letter that entrusts a lawyer to answer a specific question through a lawyer. 4. Letters from other lawyers. The content of a lawyer's letter generally consists of three parts, the first is to clarify the state of affairs, the second is to put forward opinions, and the last is to inform the consequences. Lawyer's letter is widely used in civil and commercial activities, such as investigation and evidence collection, negotiation and reconciliation, urging and warning, explanation and evaluation, defense and defense, exercise of statements and other fields. Of course, because lawyers have no public power, the essence of lawyer's letter is still a letter to convey information and express attitude, which has no legal effect itself.
Article 673 of the Civil Code of People's Republic of China (PRC): If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract. Article 674 The borrower shall pay interest at 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 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.
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