What is the general judgment when someone is sued for a loan they owe? In the economy and society, civil disputes are a very common behavior. Litigation is the basis for the People's Court to mediate and hear civil disputes, and it is also to safeguard one's own legitimate rights and interests. So what is the general ruling when suing for a loan?
How would you judge if you were sued for owing an online loan? 1. If you were sued for owing an online loan, how would you judge?
(1) If you are sued for a loan owed, the court will generally order the loan to be repaid.
Prosecution of overdue online loans is divided into two stages. In one stage, the court will organize mediation, and in the other stage, a trial will be held if mediation fails (the debtor does not need to appear in court).
If it is a legal and compliant loan, the debtor will often lose the case after trial. After the debtor receives notice of the court's judgment, it will execute the judgment in accordance with the court's judgment, or it can choose to appeal.
(2) Those who refuse to implement the court's judgment will face two major penalties. The two main penalties are:
1. After the online loan platform submits an execution application to the court, the court can freeze the debtor’s bank account and securities account, and seize the property in his name, including real estate, cars, and antiques. Calligraphy and painting, etc.
2. The debtor who refuses to repay the transferred property will be included in the list of defaulters by the court and become a defaulter. In the future, the old man's food, clothing, housing and transportation will be restricted by consumption, and his children will not be able to attend high-fee schools because of their parents.
2. What should I do if I am sued for owing an online loan?
For those who are sued for owing online loans, the main purpose of the creditor is to get the debtor to repay, and naturally they will not be sued. Otherwise, the debtor needs to be prepared to respond.
3. Relevant legal basis for online loan repayment
Civil Law
Article 667: The loan contract means that the borrower borrows money from the lender. A contract to repay the loan on time and pay interest. The loan contract shall be in writing, unless otherwise agreed between natural persons.
Article 668 The content of a loan contract generally includes terms such as the type, currency, purpose, amount, interest rate, term and repayment method of the loan. When entering into a loan contract, the borrower shall provide true information on the loan-related operating activities and financial status as required by the lender.
Article 669: Loan interest shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan will be repaid based on the actual loan amount and interest will be calculated.
Article 670: If the lender fails to provide the loan according to the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If an online loan company is sued, what will be the general sentence? 1. Will online lenders be sentenced if they are sued?
If it is just a civil dispute to borrow money but not repay it, the court will judge the debtor to repay according to the law, and the creditor can apply to enforce the debtor's property based on the judgment. There is no criminal penalty involved, which means that there will be no jail time. However, if you defraud the other party of a large amount of property in the name of borrowing money and have no intention of returning it, you may be suspected of fraud and will be subject to criminal penalties.
Legal Basis
Article 675 of the Civil Code stipulates that the borrower shall repay the loan within the agreed period. If there is no agreement on the loan period or the agreement is unclear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the borrower may return the loan at any time; the lender may urge the borrower to return the loan within a reasonable period of time.
2. The concept of online lending
Peer-to-peer lending refers to direct lending between individuals through the Internet platform. Individuals include natural persons, legal persons and other organizations. As a new type of lending platform in peer-to-peer lending, loan companies usually operate online, so they can operate with lower management costs and provide cheaper services than traditional financial institutions.
Three. Other situations
①Fake personal information. When applying for online loans, you need to submit various personal information for the institution to review your credit status. Yes. In order to obtain a higher amount, friends will use their brains when submitting information, such as exaggerating salary income, forging bank statements, etc.
What's more, in order to avoid repayment obligations, they illegally steal other people's information and apply for loans in other people's names.
②Malicious overdue. This is the most common mistake everyone makes. Subjective malicious overdue means that you are able to repay but deliberately fail to do so to avoid agency collection calls. In order to avoid debt, he even changed his phone number, playing "change out of thin air". If the situation is particularly serious, it will be ruled as fraud by the court.
3 Fraudulent loans. According to Article 266 of the Criminal Law, whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to three years in prison The offender shall be sentenced to fixed-term imprisonment of not less than 10 years and not more than 10 years and shall also be fined; if the amount is particularly huge or there are other particularly 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 his property shall be confiscated. If this law provides otherwise, such provisions shall prevail.
What will happen if you are sued for owing an online loan? 1. How to judge an online loan prosecution case?
1. Fixed-term imprisonment of not more than five years, criminal detention and statutory benchmark penalty reference points
Anyone who commits loan fraud of more than 10,000 yuan but less than 14,000 yuan shall be subject to criminal detention; if it exceeds 14,000 yuan, he shall be sentenced to six months in prison. months; for every additional RMB 600, the sentence will be increased by one month.
2. Fixed-term imprisonment of not less than five years but not more than ten years, statutory benchmark penalty reference points
(1) The amount of loan fraud is more than 40,000 yuan, and one of the following circumstances occurs, it is determined that If there are "other serious circumstances" and are sentenced to five years in prison; for every additional RMB 800 between RMB 40,000 and RMB 50,000, the sentence will be increased by one month; if there is any increase, the sentence will be increased by six months:
(1) In order to obtain a loan, a large amount of bribe is paid to the staff of a bank or financial institution;
(2) Squandering the loan or using the loan for illegal activities, causing the loan to expire Unable to repay;
(3) Concealing the whereabouts of the loan and refusing to repay after the loan period expires;
(4) Providing false guarantees to apply for a loan and refusing to repay after the loan period expires ;
(5) Applying for a loan in the name of another person and refusing to repay it after the loan term expires.
(2) Anyone who defrauds a loan of more than 50,000 yuan shall be sentenced to fixed-term imprisonment of not more than five years; for every additional 3,500 yuan, the prison term shall be increased by one month; for each additional circumstance specified in paragraph 1, the prison term shall be increased by six months moon.
3. Reference points for statutory benchmark sentences of more than ten years in prison
(1) If the amount of loan fraud exceeds 6.54386 million yuan and one of the following circumstances occurs, it will be determined that there is "other special "Serious circumstances", sentenced to 10 years in prison; for every additional 4,000 yuan for the amount of 16,000 yuan less than 200,000 yuan, the sentence will be increased by one month; if there is any increase, the sentence will be increased by one year:
(1 ) For the purpose of defrauding loans, paying bribes to staff of banks or financial institutions in huge amounts;
(2) Absconding with money;
(3) Using loans to carry out criminal activities of.
(2) Anyone who commits loan fraud of more than 200,000 yuan shall be sentenced to ten years in prison; for every additional 6,543,800 yuan, the prison term shall be increased by one month; for each additional circumstance listed in the preceding paragraph, the prison term shall be increased by one month Year.
Article 193 of the "Criminal Law" on the crime of loan fraud
Whoever commits one of the following circumstances and defrauds a bank or other financial institution of a loan for the purpose of illegal possession, and the amount is relatively large, shall be punished Whoever commits a crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:
(1) Fabricating false reasons for introducing funds, projects, etc.;
(2) Using false economic contracts;
(3) Using false documents;
(4) ) Use false property rights certificates as guarantees or make repeated guarantees exceeding the value of the collateral; (5) Use other means to fraudulently obtain loans.
2. Consequences of overdue online loans
1. In case of penalty interest, an additional 50% interest will be charged.
Although the policies of each lending institution are different, in general, banks are more accommodating than small loan companies. If a credit loan is overdue, the lending institution will first collect the loan and remind the borrower to repay, and the interest rate will rise as a daily penalty interest.
Penalty interest varies by lending institution. For example, Citibank will charge 50% interest based on the original interest rate, and some small loan companies may charge more liquidated damages. This means that you borrowed an estimated 65,438 100,000 yuan, but if you do not repay it for more than three months, you may end up paying 65,438 100,000 yuan in interest and late fees.
2. It will produce a bad credit record, which will affect future loan and credit card applications.
Every day after you are overdue, your name will appear in the bank's internal system at the same time, and then the president and risk control will see it. After the expiration date, the credit report will inevitably leave a negative record. Once gone, it may stay for 3 to 7 years. If you want to get a loan from another bank in the future, you may not be able to apply easily due to bad credit.
If the overdue situation is serious, future mortgage loans and car loans will be affected. Penalty interest is only a loss of money, while a bad credit record is a loss of intangible assets, and the impact cannot be compensated by money.
3. Cannot enjoy preferential loans or even apply for loans.
When many people apply for a mortgage again, they find that they accidentally left too many overdue repayment records on their old mortgage. In addition to the penalty interest for overdue mortgage payments, they may not be able to successfully obtain preferential interest rates for bank mortgages. What’s more, it’s impossible to apply for a mortgage again.
4. Close the blacklist and children will not be able to attend key schools.
Some "old renegades" who deliberately delay bank debts will be blacklisted. So that it is impossible to fly, high-speed rail, accommodation, etc. What's more serious is that the children will not be able to attend key schools; there will be more punishments in the future, and it can be said that life will be difficult.
5. Impact on personal career.
For students whose loans are overdue for more than 90 consecutive days and the circumstances are serious, the bank or school will publish the ID number and overdue information in the media, or notify the employer. Banks will sue those who owe money maliciously or intentionally. If the loan is overdue for 90 consecutive days and can be remedied in time and repaid on time, the credit level will not be greatly affected.
6. The bank sends a lawyer’s letter to the court to sue.
If there is no payment for more than 3 months, it is very serious! If the lending bank collects the loan in accordance with the law, it will file a lawsuit with the court based on the loan contract and guarantee contract (mortgage or pledge contract). The court will take measures such as property preservation, including freezing the deposits in all bank accounts of the lender and the loan guarantor, and seizing the pledge. property.
7. After the judgment is made, it will be enforced.
After the judgment is made, the property will be enforced according to law (deduction of deposits, auction of collateral, etc.) to repay the bank's loan losses. Specifically, it includes: loan principal, loan interest, overdue interest, penalty interest, as well as all resulting litigation costs, and related costs incurred when disposing of the mortgage (pledge).
8. Those with serious circumstances will be punished by law.
If you have the ability to refuse to execute a valid legal document, you will be punished by law. When the debtor is unable to repay, the guarantor shall bear the responsibility for repayment.