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What should I do if the online loan fails to send a message saying that it has been filed?
; ? 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.
Online loan overdue filing notification SMS
1. The local court has its own official website. As long as you enter the case number, you can find out the details of this case and see if it is really prosecuted.
Nowadays, many online loans will compile a case number and number in order to urge borrowers to pay back the money quickly. If the borrower really believes, he will not ask for it, but will only pay back the money immediately.
2. It must be sealed by the court. If you really send a scanned copy, you can carefully check the foothold. It should be the seal of the local court. Of course, it can also be fake, but it is illegal. Therefore, some online loans will use details that the borrower does not understand to stamp the chapter of the lending institution, which is useless.
3. The summons issued by the court will be accompanied by a civil complaint, evidential materials, notice of case acceptance, etc. Generally, a short message will be sent twice, the first time is to inform the case of acceptance, and the second time is to file a short message (the short message will finally have the website of the local court). You can log in to check the progress, and finally the summons will be mailed to me for signature.
If it is confirmed that the case is really filed, then you can choose to collect information to respond to the lawsuit or contact the court for mediation. If you have the opportunity, you can reduce a large part of liquidated damages, interest and handling fees.
Will you be punished if you are sued by the court?
Online lending is a civil dispute and will not be punished, but once the lawsuit is successful, it must be repaid. Those who have the ability to refuse to perform the legal judgment, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine.
How to solve the problem after the online loan is sued for overdue?
Legal analysis: after the online loan is sued and filed, it should be: 1. Settle the case through consultation, negotiate with the lender, request to extend the repayment period and pay overdue interest, and request the plaintiff to withdraw the lawsuit; 2. Actively respond to the lawsuit and sign for all kinds of litigation documents served by the court, including the notice of responding to the lawsuit, court summons, notice of proof, etc. ; 3. You can conduct litigation by yourself, or you can entrust one or two agents ad litem as needed; 4. Submit a statement of defense; 5. Collect and submit evidence; 6. Attend the trial on time; 7. If you are dissatisfied with the court's ruling and judgment, you should appeal in time. The appeal period for ruling is 10 day, and the appeal period for judgment is 15 day, counting from the day after receiving the ruling and judgment.
Legal basis: Article 675 of the Civil Code of People's Republic of China (PRC) stipulates that 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. 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.
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.
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