What happens if the IOU is overdue IOU 1 90,000 is overdue

Hello, formal loans are linked to personal credit information, when applying for a loan, you should check the credit situation, if there is overdue repayment, it will have a negative impact on personal credit, it is recommended that you take out a loan within your means, repay on time and maintain credit.

It is recommended to use the money to spend, the money to spend is the credit brand of Du Xiaoman Finance, which provides users with safe and convenient, unsecured and unsecured credit services.

With money to spend on consumer loans, the daily interest rate is as low as low, and it has the characteristics of simple application, low interest rate and fast lending, flexible borrowing and repayment, transparent interest and fees, and strong security.

Share with you the application requirements for consumer products with money: it is mainly divided into two parts: age requirements and information requirements.

2. Information requirements: During the application process, you need to provide your second-generation ID card and your debit card.

Note: Only debit cards are supported, and the application card is also your debit card. My identity information must be the second-generation ID card information, and I cannot use a temporary ID card, an expired ID card, or a first-generation ID card to apply.

This answer is provided by Youqianhua, due to objective reasons such as the timeliness of the content, if the content is inconsistent with the actual interest calculation method of the Qianhua product, it shall be displayed on the page of Du Xiaoman Financial APP-Youqianhua Loan. Hope this helps.

There is a overdue fee for overdue, and the credit report is added to the blacklist.

If the private loan is overdue, the handling method is as follows:

1. Negotiate and resolve the matter on your own.

The parties to the loan contract dispute may resolve the dispute through negotiation between the two parties. If both parties can reach an agreement, then the dispute is resolved. This method is the least costly, and it is not easy to exacerbate conflicts.

2. People's mediation.

People's mediation refers to the activities of mediating and persuading the parties to civil disputes on the basis of national laws, regulations, rules, and social morality norms under the auspices of the people's mediation committee, and promoting mutual understanding, equal consultation, voluntary agreement, and elimination of disputes.

3. Arbitration. Arbitration is generally a system where, in accordance with the arbitration agreement entered into between the parties, voluntarily submit their disputes to an arbitral tribunal composed of arbitrators from non-judicial institutions for adjudication, and are bound by the adjudication.

4. Litigation. Disputes over private lending can be resolved by filing a lawsuit.

Legal basis] Article 119 of the Civil Procedure Law, a lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3. There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If the debtor refuses to perform the repayment obligation with an IOU, the creditor may consider suing to protect its rights. The creditor must first write a qualified complaint, which includes the basic information of the plaintiff and the defendant, the litigation claims, the facts and reasons. Second, a copy of the main evidence and a copy of the plaintiff's ID card should be provided.

The materials to be provided in litigation are: 2 copies of the complaint, 2 copies of the written testimony of witnesses, and 1 copy of the ID card.

Article 242 of the Civil Procedure Law: Courts have the power to take enforcement measures.

If the person subject to enforcement fails to perform the obligations determined in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, stock sales, slip bills, and shares. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. The people's court's inquiry, seizure, freezing, allocation, or sale of property may not exceed the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

If the other party does not repay the arrears when due, the creditor can negotiate with the debtor to repay the loan, and if the debtor refuses to repay the debt, the creditor can go to the court to sue the other party to repay the money.

Statute of Limitations for Debt Disputes.

1) For private loans that are repaid on a regular basis, the statute of limitations is 3 years from the date of expiration of the repayment period, and the right to request protection from the people's court is lost if it is overdue.

2) For private loans with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues a note of arrears without a repayment date, the statute of limitations shall be deemed to have been interrupted, and the statute of limitations (3 years) shall be recalculated from the day after receiving the arrears note.

3) For private loans with irregular repayment, that is, private loans without indicating the date of repayment, they are not subject to the limitation of the statute of limitations, but are subject to the maximum protection period of 20 years.

4) For irregular private loans, if the borrower clearly refuses to repay the loan (of course, the borrower shall provide evidence to prove that it has clearly stated that it will not repay), the three-year statute of limitations shall apply from the date on which the borrower clearly expresses remorse and refuses to repay.

5) For private loans that have exceeded the statute of limitations, if the parties reach a repayment agreement on the original debt, or the borrower signs and seals the demand notice, Bi Kuchun shall be deemed to have reconfirmed the original debt, and the creditor's rights and debts shall be protected by law.

I immediately went to ask for it, and after many times of asking for it to no avail, I filed a lawsuit directly with the local court.

Thank you for your question.

If the IOU is overdue, the creditor can protect his rights in the following ways:

1. Consultation. When the creditor's right is due or about to mature, if the debtor is temporarily unable to repay the debt but has the sincerity to repay the debt, the creditor may negotiate with the debtor on the term, method and amount of the debt to be performed, and urge the debtor to perform the debt or sign a repayment agreement. If the creditor's right is secured by a mortgage or a third party provides security, the creditor may negotiate with the mortgagor or the guarantor to enable the mortgagor to pay off the debt with sufficient collateral assets, or the guarantor may repay the debt on behalf of the guarantor.

2. Mediation. The creditor may submit a written application for mediation to the local people's mediation committee.

3. Arbitration. When applying for arbitration, the parties shall submit the arbitration agreement, the statement of application and a copy thereof to the arbitration institution. The application should contain in detail the name, gender, age, occupation and other circumstances of the parties and the factual reasons.

Resolving debt disputes through arbitration has strong confidentiality, and most of the parties are not fiercely confrontational. In addition, the cost of filing for arbitration is generally lower than the cost of filing a lawsuit.

4. Litigation. For some cases that are more complicated, difficult for the other party to deal with, or difficult to resolve through other means, the creditor may choose the litigation procedure to resolve the case.

If the debtor fails to repay the debt, the debtor shall prepare the complaint, IOU, demand notice and other relevant evidence, and file a lawsuit with the court where the debtor is located. After the court accepts the case, pay the litigation fee and wait for **. Where conditions permit, they may also investigate the property status of the other party, and if valuable property is found, they may apply for pre-litigation preservation.

5. Application for a payment order.

China's Civil Procedure Law stipulates: "If a creditor requests the debtor to pay money or valuable, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based. ”

After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and legal.

The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Legal basis] Article 119 of the Civil Procedure Law, a lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court that is the subject of the lawsuit.

If the IOU is not repaid when due, the creditor can first negotiate with the debtor to repay the loan, and if the debtor refuses to repay the debt, the creditor can go to the court to sue the other party to repay the money.

1. If the repayment period agreed on the IOU has expired and the other party has not repaid, the other party can sue;

If the agreed repayment period is not reached, the lawsuit cannot be filed.

2. If the repayment period is not agreed on the IOU:

After the creditor demands and gives the debtor a reasonable period of time to repay, the lawsuit can be filed after the definite repayment period is exceeded, and the statute of limitations is 3 years.

3. When filing a lawsuit, you may write the complaint, bring your ID card, and relevant evidence, and go to the case filing division of the basic level court where the defendant's household registration is located (permanent residence for more than one year) to request that the case be filed.

Article 15 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases provides that if the plaintiff initiates a private lending lawsuit solely on the basis of IOUs, receipts, IOUs and other creditor's rights certificates, and the defendant argues that the loan has already been repaid, the defendant shall provide evidence to prove its claim.

After the defendant provides relevant evidence to prove its claim, the plaintiff should still bear the burden of proof for the existence of the loan relationship.

Where the defendant argues that the lending has not actually occurred and can make a reasonable explanation, the people's court shall make a comprehensive judgment to verify whether the lending fact has occurred in consideration of facts and factors such as the amount of the loan, the payment of the money, the economic capacity of the parties, the local or inter-party transaction methods, trading habits, changes in the parties' assets, and witness testimony.