360 debt, the court filed a text message, really?

If there is a real creditor-debtor relationship, this information may be true.

Legal analysis

First of all, it is necessary to determine whether there is a real creditor-debtor relationship, and whether the parties really borrowed 5,000 yuan on the 360 loan platform.

Secondly, if the parties do borrow money on the 360 IOUs, it shows that there is a real creditor-debtor relationship. If they breach the contract, that is, they fail to repay the money within the time limit, then they may be sued. After the contract comes into effect, it is binding on both parties, and all parties to the contract should fully fulfill their obligations. When one party breaches the contract, the other party has the right to bring a lawsuit to the court.

Thirdly, the target amount of the loan contract in this case is 5000 yuan, which is not large. According to the law, small claims procedure in summary procedure can be applied. Since it is a simple procedure, the ordinary procedure is much simpler. For example, according to the law, a judge can choose to call or send a text message to inform the defendant of the relevant facts and rights when applying the summary procedure to hear small claims.

Finally, if the parties did borrow money on the 360 IOUs platform and failed to change it within the time limit, it is entirely possible to be sued. The news may come from the court.

Personal recommendation

Since I owe money, I suggest paying it back in time. It is best to negotiate for the other party to withdraw the lawsuit or reach a mediation agreement.

legal ground

Article 667 of the Civil Law of People's Republic of China (PRC) is a loan contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.

Article 274 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC), the following monetary payment cases shall be tried by small-sum litigation procedures: (1) disputes over sales contracts, loan contracts and lease contracts; (two) the identity relationship is clear, only the amount of payment, time and way of dispute, as well as alimony, childcare, alimony disputes; (3) Disputes over traffic accident damage compensation and other personal injury compensation with clear responsibilities and only disputes over the amount, time and payment method; (four) water supply, power supply, gas supply and heating contract disputes; (5) Bank card disputes; (six) labor contract disputes with clear labor relations are only about the amount, time and payment method of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation; (seven) labor contracts with clear labor relations and only disputes about the amount, time and payment method of labor remuneration; (eight) property, telecommunications and other service contract disputes; (nine) other payment disputes.

The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) (revised in 2020) Article 261 When a case is tried by summary procedure, the people's court may summon both parties, notify witnesses and serve litigation documents other than the judgment documents by telegram, telephone, short message, fax or e-mail. The people's court shall not make a judgment by default if the notice of hearing served in a simple way has not been confirmed by the parties or there is no other evidence to prove that the parties have received it. When a case is tried by summary procedure, the judge shall be the sole judge and the clerk shall be responsible for recording it.