We should negotiate with the bank if we cannot repay the money we owe the bank. If the bank does not agree, what should we do?
What should we do if we owe a bank loan and are unable to repay it?
If we owe money to the bank and are unable to repay it, we should negotiate with the lending institution to extend the repayment period or repay it in installments; if the loan institution successfully fulfills its obligations, If the judgment is not fulfilled within the performance period, an application will be made for compulsory execution.
1. If you are indeed unable to repay the loan, you should negotiate with the lending institution to extend the repayment period or return it in installments;
2. If the lending institution still fails to pay within the performance period after winning the lawsuit, If the judgment is not fulfilled, an application will be made for compulsory execution;
After accepting the compulsory execution, the property, vehicles, securities and deposits under the borrower's name will be inquired according to law;
3.. .....If the lender has no property for execution in his name and refuses to fulfill the effective judgment, negative information such as overdue repayment will be recorded in the credit report, and he will be restricted from high consumption and entry and exit, and may even be detained by justice. .
Basically there will be no impact, as long as you repay the loan on time in the future.
4. Article 108 of the "General Principles of the Civil Law" stipulates: "Repay debts. If you are temporarily unable to repay, the debtor may repay in installments with the consent of the creditor or the people's ruling. If you have the ability to repay, you refuse to repay. , and the people’s judgment shall compulsorily repay it”. It can be seen that the debtor must repay the debt for sure. However, there are currently two phenomena of non-repayment of debts in society, one is the inability to repay, and the other is the ability to repay but refuses to repay. The General Principles of Civil Law only make the above-mentioned principle provisions. In practice, there are two different situations when a debtor is unable to repay: one is temporary inability to repay. If this is the case, the debtor may repay in installments according to the relevant provisions of the General Principles of the Civil Law. The other is permanent bankruptcy. If it is a permanent bankruptcy, the debtor can only repay the existing personal property, which will be subject to trial, judgment, and then execution. In other words, the creditor will take how much personal property the debtor has available for execution. . Be cautious when lending between private individuals. When lending money to someone, you must understand the other party's credit standing, that is, between relatives and friends. If the amount of money borrowed is large, in addition to setting up a loan, the borrower must provide a guarantee or a certain amount of property as collateral as much as possible, so that Risk can be reduced.
What should I do if my credit card is overdue?
The ways to solve the problem of overdue credit card are: apply to the bank for negotiated repayment;
Exchange assets for cash repayment;
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It is also a good idea to borrow money from relatives and friends and repay it. The above three methods can all allow users to repay overdue bank credit loans. Users can choose the appropriate solution according to their actual situation.
To apply for negotiated repayment from the bank, the user must make it clear that he or she does not have the ability to repay the loan and prove that he or she did not overdue the loan maliciously (corresponding certification materials can be provided, such as unemployment certificate, labor contract termination certificate, etc.), and at the same time Express your sincerity in repaying the loan, and then try to ask the bank to extend the repayment period, lower the interest rate, etc. The bank will review the user and consider the specific content of the negotiation as appropriate.
As for exchanging personal assets for cash repayment, or borrowing money from relatives and friends to repay, it is an emergency repayment method. Therefore, no matter which method users use to repay, they must pay off the overdue amount as soon as possible. The longer the overdue time, the greater the negative impact.
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What should I do if the debtor has no ability to repay?
What should I do if the debtor has no ability to repay: 1. Debtor If you are temporarily unable to repay, you can negotiate with your creditors to repay in installments. If the debtor is temporarily unable to repay, he can negotiate with the creditor to repay the debt in installments. Those who have the ability to repay but refuse to repay shall be sentenced to forced repayment. If there is partial repayment ability, partial repayment shall be made. According to Article 678 of the "Code of the People's Republic of China", the borrower may apply to the lender to extend the repayment period before the repayment period expires. If the lender agrees, the repayment period may be extended.
Legal Basis
Article 678 of the "Loan Extension Law of the People's Republic of China" The borrower may apply to the lender for an extension before the expiration of the repayment period; the lender If agreed, it can be extended.
What should I do if I cannot repay the loan?
If you are indeed unable to repay, you should negotiate with the lending institution to repay the loan within a grace period or in installments;
If the lending institution fails to fulfill its judgment within the performance period after successful performance, The application will be enforced. If the debtor has the ability to fulfill the judgment but refuses to perform it, in serious cases it will constitute the crime of refusing to perform the judgment. If it is really difficult to perform, the performance time will be leniently controlled.
When accepting an application for enforcement, the borrower’s properties, vehicles, securities, deposits, etc. will be inquired in accordance with the law. If the borrower has no property for execution in his name and refuses to fulfill the effective judgment, negative information such as overdue repayment will be recorded in the credit report, and he will be restricted from high consumption and entry and exit, and may even be detained by judicial authorities.
Generally speaking, failure to repay borrowed money is a civil matter and will not result in a prison sentence. But in daily life, there is a form of borrowing money that can be considered a crime. In other words, this form of borrowing money without repaying it will bring you jail time.
The "borrowing money without repaying" type, that is, the loan type, refers to the behavior of the perpetrators who defraud public and private property through loans for the purpose of illegal possession. This type of crime mostly occurs in daily life. Since the perpetrators usually commit it under the veil of private lending, and it mostly occurs among relatives, friends, and acquaintances, it has a certain similarity with debts in civil cases.
Legal Basis
Article 313 of the People’s Republic of China and the Criminal Law of the People’s Republic of China: The crime of refusing to execute a judgment or order is the crime of being able to execute the judgment or order of the people’s court. If the person refuses to comply, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.
Chinese People’s ****, National Criminal Law
What to do if the loan is insolvent
What to do if the loan is insolvent
Loan What to do if you are insolvent? Nowadays, many people in life may consider taking loans through the Internet when they are under financial stress. However, we respond rationally when faced with huge profits. Let’s analyze what to do if the loan is insolvent?
What to do if the loan is insolvent 1
1. What to do if the loan is unable to be repaid
The solution to the insolvency of the loan: Our country’s law stipulates that the debt must be repaid. Money is a matter of course, and if the debtor is temporarily unable to repay it, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. If the person has the ability to repay but refuses to repay, the people's court shall rule on compulsory repayment.
2. The consequences of being unable to repay a loan and being called upon by the bank
If the loan is temporarily unable to be repaid, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court; If the person has the ability to repay but refuses to repay, the people's court shall rule on compulsory repayment; if the refusal is serious and the circumstances constitute the crime of refusing to execute the judgment or ruling, criminal liability shall be pursued in accordance with the law.
3. Will you be imprisoned if you are unable to repay the bank loan
Under normal circumstances, the bank will ask you 1 week before the expiration of the short-term loan and 1 month before the expiration of the medium- and long-term loan. Issue a notice for repayment of principal and interest. If you cannot repay the loan on time due to objective reasons, you must negotiate with the bank, apply to the bank for an extension in advance within the specified number of days, fill in the extension amount and extension date, and submit it to the bank for review and processing. Moreover, you will also have to bear overdue interest and late payment fees.
If the loan expires and you do not take the initiative to repay it, the bank will take the initiative to deduct the money from your deposit account and recover the principal and interest of the loan. If you find that your deposit balance is low, don't be too suspicious. Usually it's just a text message reminder. Therefore, once a deduction occurs, you will definitely know it as soon as possible.
If you personally are still unable to repay the loan at this time, the bank will file a lawsuit against you personally at this time. In fact, if you are sued by a bank, then there will be a case on your personal credit, which will greatly affect your future life, for example, if you want to seek a bank loan in the future. This is not easy, such as refinancing a house or a car.
So, based on the above consequences, generally speaking, your inability to repay a bank loan is only a civil matter and you will not go to jail. If the bank comes and makes a judgment and finds that it is indeed difficult to perform, it will relax the time for performance.
What to do if you are unable to repay the loan 2
1. What to do if you are unable to repay the bank loan?
If the debtor is unable to repay the bank loan, the debtor can negotiate with the bank, request repayment in installments, or choose other property rights to compensate.
If the debtor is unwilling to negotiate, the bank can wait. After winning the judgment, you can apply to enforce the debtor's other properties.
In practice, there are two different situations when a debtor becomes insolvent: one is temporary insolvency. If this is the case, the debtor may repay in installments in accordance with relevant regulations. The other is permanent bankruptcy.
If it is a permanent bankruptcy, the debtor’s existing personal property can only be repaid. This requires a trial, a judgment, and then execution. In other words, how much of the debtor’s personal property can be repaid? For execution, the creditor will take as much as possible. Be cautious when lending between private individuals. When lending money to someone, you must understand the other party's credit standing, that is, between relatives and friends. If the amount of money borrowed is large, in addition to establishing a lending relationship, the borrower must provide a guarantee or a certain amount of property as collateral as much as possible. This reduces risk.
2. Notes on personal loans
1. When applying for a loan, the amount must be moderate, fully considering the economic status and financial management habits of the individual and family. Generally, the monthly repayment amount should not exceed 50% of total household income.
2. Maintain a good credit record. Once the credit record is bad, it will directly affect the operability of the loan and may even be rejected by the bank.
3. When applying for a loan, you must provide true personal information to the bank, develop a good sense of integrity from the beginning, and do not provide false information, otherwise you may be included in the "blacklist" of the bank. You will be denied a loan by the bank; you must notify the bank promptly when your personal information changes.
4. Loan applicants must have a stable source of income and the willingness and ability to repay.
5. Loan applicants must have a stable source of income, willingness and ability to repay. The company should provide proof of salary, bank account, etc. The company should provide information such as operating conditions, bank accounts, physical assets (such as real estate), and financial assets (such as bank deposits, treasury bonds).
What to do if the loan is insolvent 3
1. How to negotiate with the bank if the credit card is insolvent
1. Show a positive repayment attitude: You must negotiate with the bank If the bank negotiates and applies to extend the repayment period, repay in installments, or report a loss with interest rates suspended, then first of all, after the overdue amount is overdue, the cardholder cannot choose to ignore the debt. Even if the overdue debt cannot be paid off in full for the time being, the cardholder must be able to pay back a little bit. . Cardholders should be able to repay a little bit, so that they can actively express their willingness to repay when negotiating with the bank in the future.
2. Reasons for delay: As long as the reason for delayed repayment is clear, such as business failure, misappropriation of public funds, etc., and sufficient information has been prepared and the willingness to actively repay is expressed, the bank will consider holding the card human condition. If the bank agrees, the cardholder can discuss a new repayment plan with the bank and then make repayments according to the new repayment plan.
3. Keep the phone open: If the bank cannot contact us when our credit card is overdue, it will cause misunderstandings when we avoid repayment.
2. What to do if you owe 200,000 on a credit card and can’t pay it off
1. Identify whether it is a formal platform. First, check whether the annual interest rate is more than four times the bank's similar loan interest rate. If it is more than four times the bank's similar loan interest rate, it is not protected by law. Therefore, the borrower can refuse to repay the interest arising from this situation and can go through legal procedures to finalize the repayment amount and interest.
2. Borrow money from friends and repay it. Make sure the platform is legitimate and the interest rates used are reasonable. Then, if users are unable to repay, they can first borrow money from friends and repay it. To avoid accruing more interest over time.
3. Negotiate with the online loan platform. If the online loan platform is formal, the borrower’s attitude is also sincere. This can be discussed with the online lending platform. The platform may exempt the borrower from part of the interest or extend the loan period.
4. Put an end to the bad habit of financing loans with loans. Many borrowers have encountered situations where they were unable to repay their loans. Therefore, they will use loans to support loans. Obviously, this approach will make the "hole" bigger and bigger. Therefore, once an online loan cannot be repaid, be sure not to use the loan to support the loan.
5. Find ways to make money to repay the loan. Online loans cannot be repaid and there is no shortcut. The borrower must work hard to earn money to repay the loan. Otherwise, a series of adverse consequences will occur.
3. How long does it take before you can reapply if your credit card is not approved?
If your credit card is not approved, you generally need to wait for more than three months before you can reapply, because everyone's rejection situation will be different. People must first find out why their card application was rejected, and then solve the problem before applying again next time.
If the income does not match, you need to submit more proof of financial resources. If you have an overdue credit history, then you need to get a good repayment record to make up for the past overdue credit history. Of course, if you need to resubmit your application immediately if it is rejected, you can consult the bank customer service first. If the bank customer service can still resubmit, then there is no need to wait so long.