1. Can the money cheated by online loans be recovered?
Now a network police alarm center has been set up, which can call the police directly through the network police, freeze the other party's account at the first time, and it is very likely to get the money back.
Second, what should I do if the online loan is cheated?
Pay attention to some fraudulent means. Many fraudsters will say that they don't need a mortgage, just look at their ID cards and get a loan. After signing the contract, they will ask the borrower for a deposit and then run away. After being cheated, you should quickly collect and keep relevant evidence, such as contracts, receipts, IOUs, their contact information, addresses, chat records, photos, websites, etc.
1, call the police, but individual alarms will not be filed.
2. Browse the network alarm points and call the police online.
3. Collect all the information and evidence of the cheated online lending platform.
4. Organize with other people who are also cheated.
Step 5 get in touch with local media
What should I do if I encounter problems such as overdue online loans, overdue online loans, being sued, whether the interest is legal, and usury rights protection?
The size of the loan depends on the financial needs of the individual. Under this premise, I need to consider my economic repayment ability to avoid excessive repayment amount and pressure. As for the loan term, the longer the loan term, the higher the interest rate and the greater the interest burden of the borrower.
Third, how to recover money when online loans are cheated?
Customers should quickly collect relevant evidence (such as transfer records, the other party's account number, chat screenshots, etc. ) bring a lawsuit to the local people's court, and you can report the case to the local public security department. It is best to join other customers who are also defrauded by the loan platform.
At the same time, you can also report the loan platform to the local CBRC or China Internet Finance Association to safeguard the legitimate rights and interests of individuals. Everyone needs to hurry. If you don't report the case at the first time, it will take too long, and the other party may have "rolled up the money and ran away". It is estimated that it is difficult to recover the cheated money.
Of course, you should pay attention to "keep your eyes open" when borrowing money. It is best not to borrow money from unknown small loan companies to avoid meeting loan fraudsters or loan sharks. It is suggested to borrow money from consumer financial institutions approved by CBRC and holding financial licenses. Although the audit is stricter, the safety factor is also higher. It is not difficult to borrow money as long as customers maintain good personal credit and have stable income.
4. Is the online loan fraudulent?
It is invalid that online loans are fraudulently signed. Under certain circumstances, the conditions for determining an invalid contract are:
1. A contract maliciously colluded by the parties is invalid;
2. A contract that violates the mandatory provisions of laws and regulations is invalid;
3. A contract that covers up an illegal purpose in a legal form is invalid;
4. A contract that violates public order and good customs is invalid.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 110 Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
The victim has the right to report and accuse the criminal facts or criminal suspects who infringe on his personal and property rights to the public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.
Article 111 Reports, complaints and reports may be made in writing or orally. The staff who accept the oral report, complaint or report shall make a written record, which shall be signed or sealed by the informant, complainant and informant after being correctly read out.
The staff who accept the complaint and report shall explain the legal responsibility of false accusation and frame-up to the complainant and informant. However, as long as it is not fabricating facts and evidence, even if the facts of the accusation and report are different, or even false accusation, it should be strictly distinguished from false accusation.
Public security organs, people's procuratorates or people's courts shall ensure the safety of informants, complainants, informants and their close relatives. Informants, complainants and informants who are unwilling to disclose their names and report, accuse and report their acts shall keep them confidential.
Article 145 If the seized or detained property, documents, mails, telegrams or frozen deposits, remittances, bonds, stocks, fund shares and other properties are found to be really irrelevant to the case, the seizure, seizure and freezing shall be lifted within three days and returned.
Criminal law of the people's Republic of China
Article 64 Disposal of criminal articles All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.