Bank of Nanjing should take the initiative to communicate with the bank when it is unable to repay its dream and discuss the repayment method. If it fails to repay maliciously, the bank will sue the borrower.
Will online loans be sued if they are overdue for one month?
Usually not. At present, most online lending platforms do not have a perfect collection process. If it is overdue, it may be collected by telephone or other illegal channels. Regular online lending companies will adopt a more moderate collection method within one month, and will not use the law from the beginning. Whether you will receive a court summons after one month depends on the regulations of different online lending platforms and the agreement when you borrow money from the platform.
Provisions on several issues concerning the application of law in the trial of private lending cases
Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and unincorporated organizations. These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses.
Article 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of a legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.
Article 24 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people's court will not support it. If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for the loan between natural persons, if the agreement on the loan interest between the borrower and the lender is unclear, and the lender claims interest, the people's court shall determine the interest according to the contents of the private loan contract, the local or the parties' trading methods, trading habits, market quotation and other factors.
Article 25 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.
Will Nanjing New Dreamland sue if it is overdue for 20 days?
Will sue.
When Nanjing Bank is unable to repay the loan in New Dream, it should take the initiative to communicate with the bank and negotiate the repayment method. If it fails to repay in bad faith, the bank will sue the borrower.
Online lending belongs to private lending, and private lending also needs to be repaid on time. As long as there is no violation of laws and regulations on the lending platform, borrowers must fulfill their repayment obligations on time. If the borrower fails to repay the loan after borrowing it, once it is overdue, it will have the following adverse consequences:
1, penalty interest and liquidated damages. If the online loan is overdue, the first thing to face is the high penalty interest. After the general online loan is overdue, the platform will charge the borrower overdue interest, which is usually much higher than the actual loan interest rate. In addition, the platform will also charge liquidated damages or late fees. The longer the time, the more overdue fees will be incurred.
2. Credit damage. At present, many online lending platforms are conducting credit reporting. If the borrower is overdue, the loan platform may upload the overdue record of the user to the central bank's credit information system, which will leave a bad record of personal credit information. Although some platforms have no credit information, it is now the era of big data. If one platform is overdue, the borrowing of other platforms will be hindered.
3. Collect in various ways. Whether it is a bank loan or an online loan, after the borrower is overdue, the platform will collect it by SMS, telephone, etc. , and even encountered a door-to-door collection. All kinds of collection methods will affect the normal life of borrowers.
4. Be sued. If the borrower owes a large amount and the overdue time is long, then the lending institution can recover the arrears through legal channels. Although private lending will not involve criminal responsibility after being sued, it will not be imprisoned for arrears. However, if the borrower refuses to repay the arrears after being sued, then the court may include it in the untrustworthy executor, that is, Lao Lai. After becoming an old lai, not only is it hopeless to apply for credit business, but consumption will also be restricted.
The consequences of overdue online loans are very serious, so you must pay attention to maintaining a good repayment record after borrowing online loans, and don't have overdue behavior, so as not to cause unnecessary trouble to yourself.
What will happen if you dream of enjoying money?
1. If you are unable to repay, you will face the consequences of the court. I suggest you actively negotiate with creditors to postpone repayment. Creditors will also sue you and then apply for enforcement of your property.
2. Refusing to execute a judgment or ruling is suspected of refusing to execute a judgment or ruling. Article 313 of the Criminal Law refuses to execute a judgment or ruling that the people's court has the ability to execute. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
3. In addition, there is no executable property in his name and he refuses to execute the effective judgment of the court, which makes his overdue payment and other negative information recorded in his personal credit report, and is restricted from high consumption and entry and exit, and may even be punished by judicial custody.