What should I do if the online loan is overdue? As we all know, there are many jurisdictional provisions in civil litigation, and prosecutors need to bring a lawsuit to the law with jurisdiction. What should I do if I sue in different places after the online loan is overdue?
What should I do if the online loan is overdue and I sue in different places? 1 When the credit card loan is overdue, the debtor is most worried about being sued. If sued, it is likely to lose. After all, everyone's interest and liquidated damages have been increasing after the deadline. If you can be sued, it means that the other party's interest and liquidated damages are definitely normal, especially some online lending platforms, many of which are online platforms of banks. Therefore, the process of overdue collection is the same as that of overdue collection of credit cards. Therefore,
However, if it is an online lending platform, there is a problem, that is, it is in a different place, because many online lending platforms are different from the cities where everyone lives, so they will sue in different places. What should I do if everyone is sued in different places after the credit card online loan is overdue? Actually, you don't have to worry too much. If you are sued in a different place, you can write an application for civil jurisdiction. This can make the other party withdraw the lawsuit, but this is only useful for prosecution in different places.
If it is useless for everyone and the online lending platform to sue themselves in a city, we must pay attention to the possibility that online lending is overdue, and the possibility that credit cards are overdue is not great. After all, the other party has to consider the cost. If everyone's overdue money is not enough for the other party to sue, then there is absolutely no need for the other party to sue everyone, and whether the other party will sue everyone depends on everyone's actual situation, which has a great relationship with the amount and time of overdue.
If you are willing to repay, but you can't pay off all your debts in a short time, you can choose to negotiate by stages. This is a very good choice for you. After the deadline, it is very important for you to choose the appropriate repayment method. Another point is, never pay off all debts bit by bit after the deadline, which will not do you any good. Of course, you can also choose to pay off all debts in one lump sum after the deadline.
This depends on everyone's actual situation. After all, only these two ways can ensure that everyone will not be prosecuted and collected. If the online loan is overdue, I suggest you choose to pay it off in one lump sum. How to negotiate interest relief with the platform? This is still very good for the debtor.
Of course, if it is an online lending platform that can negotiate staging, everyone can also negotiate staging. It depends on everyone's actual situation. What suits you is the most important thing. It's not that I follow the heat, others will stage it, and others will pay it off at one time.
What should I do if the online loan is overdue and I sue in different places? 1. Do I need to sue in a different place?
In the case of prosecution in different places, except for divorce cases, lawyers can directly represent the litigation without attending in person.
If it is a divorce case, the plaintiff does not appear in court, and even if the lawyer appears in court, the court will automatically withdraw the lawsuit.
Legal basis:
Article 21 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is located. Where several defendants in the same lawsuit have their domicile under the jurisdiction of more than two people's courts, each people's court has jurisdiction.
? Second, what methods can the parties choose to file a case?
1. The parties bring the prosecution materials and personally submit the materials to the court filing room for filing.
2. The parties engage a lawyer, and the lawyer conducts the lawsuit. You don't have to write a complaint yourself, go to the court and file a case. Handled by a lawyer.
? 3. Online declaration
First register on the court website or the court litigation service website, and then submit the filing application and related litigation materials on the online filing platform. With the approval of the court, we will register our relatives and pay the legal fees.
? 4. Filing by mail
The parties first call the filing court of the court, mail the prosecution materials as required, and then wait patiently for the court's handling. Problems needing attention in filing a case by mail:
(1), the time limit for filing the indictment;
(2) If it is sent to a courier company such as postal service, the mailing list shall indicate the specific recipient, the name of the article and the delivery date;
(3) keep the postmarked mailing certificate.
④ Confirm the receipt with the court and pay the legal fees in time.
? 3. What materials do the parties to a civil case need to prepare to go to court for prosecution?
1, indictment (see how you submit it, prepare paper version and electronic version).
2, the plaintiff's identity materials, prepare identity documents. If the company is the plaintiff, it needs to prepare the business license and the certificate of legal representative.
3. Power of attorney, such as hiring lawyers and relatives.
4. The identity materials of the trustee are suitable for the employees of the company to handle cases, and ID cards should be provided.
5. The identity materials of the defendant, such as personal identity card, household registration book, industrial and commercial registration certificate, unified social credit code, etc.
6. Documents and information need to be accompanied by a list of documents and information.
Remarks: If the company is the plaintiff, the indictment and power of attorney need the official seal of the company and the signature of the legal representative.
What should I do if the online loan is overdue and I sue in different places? 1. Is the online loan prosecution local or foreign?
Because online lending companies are generally not in the same area as borrowers, they can sue in different places. Generally speaking, the litigation jurisdiction of our country follows the principle that the plaintiff is the defendant, but in some special losses, we can sue in the plaintiff's court.
Article 21 of the Civil Procedure Law of People's Republic of China (PRC)
A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.
Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
? Second, how long is the online loan overdue?
How long will the online loan be overdue? We should comprehensively look at the following aspects:
(1) loan platform. Some online loans will be reported once they are overdue, and some online loans will have a grace period and will be reported after the grace period.
(2) overdue amount. If the overdue loan amount is relatively small, some platforms will not upload overdue records, but if the overdue amount is relatively large, the speed of credit collection will be faster.
(3) overdue time. The longer the overdue time, the higher the probability of credit investigation.
? Three, the court prosecution procedure is
(1) When a party files a lawsuit, it shall first submit a complaint and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, it shall specify the name, address, legal representative or person in charge of the unit;
(two) according to the principle of who advocates who gives evidence, the plaintiff submits the corresponding materials to the court;
(three) the filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing;
(four) the parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance;
(1) After filing the case, the court will arrange a hearing.