How to deal with overdue online loans being sued in different places? Online loan is a popular loan method. Whether it is a credit card or an online loan, it needs to be repaid in time. If you don't repay in time, it is overdue. If it is overdue, it may be prosecuted. Let's take a look at how to deal with overdue online loans and related information.
1 How to deal with overdue online loans being sued in different places? Actively respond, indicate the reasons for overdue, actively repay as required or negotiate with online loan companies. If it is a local lawsuit, you can actively cooperate and contact the online loan company to negotiate. Generally, it is possible to negotiate to extend the repayment time or repay by installments, but it is necessary to actively respond and strive for pre-trial coordination.
If it is a lawsuit in a different place, you can apply for jurisdiction in a different place. In this case, the time can generally be extended, which can generally be extended for 3-4 months or even longer, just to make use of this time to repay in time. There are always ways to deal with overdue online loans through consultation, but we need to actively respond. If you play missing, it may affect your personal credit and you must not lose contact.
If the online loan is sued in a different place, it cannot appear in court and can be judged by default.
First, if you are sued by a bank or loan platform in a different place within the time limit, you should calm down and refer to the relevant provisions of the Civil Procedure Law. If a bank or loan institution sues you, it is not in your domicile or habitual residence, but in another city.
The defendant may apply to the court for rejecting the lawsuit of the bank or lending institution for this jurisdictional objection. Remember that the purpose of refusal is not only to facilitate responding to the lawsuit, but more importantly, you still have the last time to negotiate the repayment plan with the bank or platform. No matter what happens, being positive can solve many problems, while being negative will create more problems.
Second, first of all, prosecution in different places is very common. When we handle credit cards or loans, we basically stipulate the jurisdiction in the credit card collection contract or loan contract, and there will be options for financial institutions or platform headquarters at the agreed place. In order not to reflect the overlord treaty of this format contract, there will be one or two more options, one of which is beneficial to the borrower. However, in actual litigation cases, the operation that is convenient for borrowing will be preferred.
Whether there is a lawsuit in a different place depends on whether the borrower is located in the lender's place, but the fact is that borrowers are all over the country, and the common reasons for lawsuits in different places are mainly here. As long as you dig deeper, you will find that this is a deeper routine for lending institutions. The real purpose of prosecution in different places is not to let the defendant appear in court.
Third, imagine that the defendant is already heavily in debt and his pockets are empty. He had to travel long distances to other cities to answer the lawsuit. The defendant has come, so he can't disturb his present life and work at will. Secondly, he will be distressed by the expensive travel and accommodation expenses. Third, going to a strange city will take more time and energy.
And insecure. At this time, if the borrower does not know a little legal knowledge, he will often be at a loss. As long as you are absent and can't testify in court, the court can make this default judgment, and the trial result will be beneficial to the plaintiff, which can reasonably meet the demands of banks or platforms within the scope permitted by law.
How to deal with overdue online loans being sued in different places? First of all, you can't escape, and escaping can't solve the problem.
After you receive the summons, you should sign for it, then read the summons and all the legal documents attached to it, and see the date and place of the court session. I'm sure there will be a phone number for the assistant judge below. At this time, you can call to explain your situation and demands! Or you can choose to apply for legal aid.
Call the legal aid hotline 12348 or visit for consultation. It is necessary to say that if you pay a lawyer to help you appear in court, it is completely unnecessary. Then, as the defendant, the documents sent to you by the court will contain copies of all the materials submitted by the plaintiff to the court. It's time to take a closer look at the contents.
The lawsuit is all about the plaintiff's demands. If you see that the appeal is unreasonable, for example, some small loan companies obviously have a lot of additional comprehensive expenses, so the annualized rate is very high, but it is not reflected in the litigation submitted. This is the existence of disharmony. If no objection is raised, only the debtor will suffer in the end.
Next, let's talk about the problem of overdue credit card prosecution. As long as the credit card starts to expire, the interest and penalty interest will be unreasonable or very difficult. Many friends who are really difficult and can pay off at one time have had this repayment method, that is, how much is paid back, and few people have never paid back a penny from beginning to end. Now that it's time to sue the cardholder.
Some banks just charge too much. For example, your overdue debt is 654.38 million yuan, which is one year overdue, or you have paid tens of thousands more or less during this period. When I sue you, I will still calculate the interest and liquidated damages according to 6,543,800 yuan. This is unreasonable, and you need to raise an objection to the court yourself.
If your summons is filed in a different place, you are worried that the journey is long and the cost is too high. Then according to Article 38 of the Civil Procedure Law: "After the people's court accepts the case, the parties raise jurisdiction objections and objections during the submission of the defense. The people's court shall examine the objections raised by the parties. If the objection is established, it shall be ordered to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling will be rejected. " Therefore, the objection to jurisdiction shall meet the following conditions:
1. The subject of the jurisdictional objection should be the parties to the case, only the defendant. Because the plaintiff does not have the problem of raising objections, the plaintiff's prosecution itself shows that the plaintiff believes that the sued court has jurisdiction. A third party cannot object to jurisdiction. The third party with independent claim actively participates in the litigation that others have started.
It should be regarded as recognizing and accepting the jurisdiction of the appealed court, so there is no question of raising objections to jurisdiction. If the defendant's court notifies the court with jurisdiction to initiate another prosecution according to its authority. A third party who has no independent claim participates in a lawsuit that others have already started, and protects its own interests by supporting one party's claim.
Because he always assists one party in litigation and takes one party's opinion as the transfer. Therefore, he has no right to object to the jurisdiction of the Court of Appeal.
2. The parties' objections to jurisdiction shall be raised during the submission of the defense. If a party has any objection to jurisdiction, it must raise it within the statutory defense period. If a party fails to raise an objection to jurisdiction within the defense period, it shall be deemed as giving up the right to raise an objection to jurisdiction and may not raise it again in the future.
If it is filed within the time limit, the people's court will not review it. Limiting the jurisdictional objection to the time when the case enters the substantive trial is to avoid the waste of time, manpower, material resources and financial resources caused by the establishment of jurisdictional objection; Avoid undue interruption and delay in the trial of cases.
If the objection to jurisdiction raised by the parties meets the above two conditions, the sued people's court shall conduct a review. After examination, the people's court shall make a written ruling if the parties' objection to jurisdiction is established. Transfer the case to a people's court with jurisdiction for trial. Objection is untenable.
The ruling was rejected. The award shall be served on both parties. If a party refuses to accept the ruling of the court of appeal, he may appeal to the people's court at the next higher level within 10 days after the ruling is served. After the court of second instance determines the jurisdiction of the case, the parties shall participate in the proceedings according to the notice of the court.
If there are overdue credit cards, including petty cash and universal loans, as long as the repayment is difficult or has been collected by the bank (facing the risk of prosecution), you can contact me to negotiate the second installment, and help debtors with heavy repayment pressure and only partial repayment ability to sort out their debts through legal channels, reach an agreement with the bank and make a new repayment plan!
How to deal with overdue online loans being sued in different places? 1. Can online loan companies sue in different places?
Generally speaking, China's litigation jurisdiction follows the principle that the plaintiff is the defendant, but in some special losses, it can also be sued in the court where the plaintiff is located. Online lending companies have the right to choose to sue in different places. Whether the court accepts or not depends on whether it has the right to hear the case.
Everyone failed to repay the loan in time. According to the provisions of China's Civil Procedure Law, online lending companies can sue the parties in different places, and the parties need to participate in the proceedings on time after receiving the court summons. Secondly, the biggest reason why online loans are popular all over the country is that the loan conditions are relatively low and the mortgage speed is fast.
Generally speaking, as long as you submit your personal ID card information, you can quickly lend money. Under this model, there are huge risks in lending. At present, the development of online lending in China is not mature enough, and the relevant laws and regulations are not perfect. Once caught in it, it is difficult to protect our individual rights.
Second, what if the loan is not repaid?
The arrears are divided into four situations: credit card, court, bank and private:
1, credit card arrears. First of all, if the credit card is not repaid, it will be judged as malicious and will be investigated for criminal responsibility. So the solution is to negotiate with the bank staff, explain your situation, and then negotiate a fixed repayment (that is, no longer write off interest through bad debts). It's best to record the whole process as evidence, including the recording of the outsourcing debt collection company threatening you by calling, and then you can prove that you are sincere in negotiating repayment.
2. owed to the court. If the assets of your six major banks are frozen first when it comes to court enforcement, the money in Alipay will also be frozen, your car will be seized and auctioned, and the real estate will also be seized, but the court can't enforce your only real estate, so you can still live here. As long as the money doesn't exist in six major banks and the car property is in someone else's name, it can prove that you are the pillar of your family and can keep a large part of the money. As long as other debts are paid off slowly through negotiation, life can still go on.
3. owed to the bank. There is usually collateral, but the court can't enforce your only property, and you can still live! For the same reason.
4, owe private. If there is an iou, it should be returned with the payer on a regular basis. The effective prosecution time for IOUs is within 2 years, and it will be invalid after more than 2 years. If you are sued, the court can't enforce your only property, but you can still live! For the same reason.
5. owe online loans. Online loans are divided into credit reporting and credit reporting, and repayment is mainly based on credit reporting loans. Like a credit card, the cardholder and the staff negotiate a fixed repayment, which is guaranteed to be repaid, and the whole process is recorded. If you can't get credit information, people won't be so free to sue you. If the annual interest rate exceeds 24%, it is usury and illegal. If sued, the final result is to negotiate to repay the principal.
Third, the risk of online lending.
1, low-interest loans "interest rolling" online lending platforms often attract students with lower installment interest rates, and some online lending platforms even claim monthly interest rates 1, but in fact many of these small loans far exceed the current installment interest rates of bank credit cards. Moreover, once the arrears are overdue, the penalty rate to be paid is also quite high, and it is calculated on a daily basis. These liquidated damages and interest.
More than the loan principal, some online lending platforms are not even allowed to repay in advance, forming a de facto usury. In one case, a customer bought a computer with a loan at first, but the repayment was overdue when the debt balance was only 1280 yuan, and the interest and liquidated damages increased at the rate of 40 yuan every day, so the customer had to sell the computer to pay off the debt.
2. Lack of review leads to the risk of fraudulent loans.
In this case that caused students to jump off a building, according to the information sent by Zheng Xiao to their classmates, Zheng Xiao not only borrowed money by himself, but also borrowed hundreds of thousands of yuan in the name of his classmates through the online student credit loan platform. Some students even didn't know about the loan until the debt collection company came to the door.
Only then did I know that I was heavily in debt. Most campus online loan platforms require very simple procedures for student loans. You can get the money quickly just by filling in a copy of your ID card and student ID card, and most of the procedures are even completely online. Some online lending platforms need to upload videos of my loan declaration with certificates.
3. The debt collection company threatened. Compared with banks that pay back credit cards, various online lending companies have used "malicious" means. Students can't pay back on time, so they hire debt collection companies to ask for arrears. Many debt collection companies make trouble in schools, threatening students' parents, and even taking illegal and criminal means such as threatening phone calls, violence, detention and stalking to collect debts, which makes students fidgety.