What does it mean to collect legally through legal proceedings, etc

Hello, Litigation Collection].

It mainly refers to the collection by filing a lawsuit with the court, and the types of litigation include civil litigation and criminal litigation, and civil litigation includes mediation and judgment, and mediation can also be subdivided into pre-litigation mediation and litigation mediation. Litigation in microfinance mainly refers to civil litigation, and only a small number of debtors suspected of fraud can be dealt with through criminal proceedings. The group of debtors targeted by litigation collection is mainly debtors who have the ability to repay but are unable to make them repay through conventional means.

Litigation collection is characterized by the ability to use the majesty and coercive power of the state to deter and sanction the debtor, so as to achieve the success of the arrears**, and can resolve certain disputes through court decisions, such as when there is a dispute between the lender and the debtor on a certain fact. The disadvantage of litigation collection is that the cycle is longer and the cost is higher. The laws and regulations that are generally based on the collection of microfinance litigation mainly include:

General Principles of the Civil Law", Civil Procedure Law, Opinions of the Supreme People's Court on Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, Contract Law, Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts, and relevant trial opinions issued by local high courts.

Legal action is to sue to collect debts, which is one of the ways to collect debts legally, and this sentence means to collect debts through legal channels such as lawsuits to collect debts. If you go to the door to collect the arrears, this is also a legal way to collect the arrears.

According to the world's many years of experience in handling cases, developed countries in Europe and the United States, Japan, South Korea, Singapore and other countries have high judicial efficiency, and cases without disputes can be tried to protect rights through litigation in the case of non-litigation recovery without results.

However, some South American, Southeast Asian and African countries do not recommend litigation at all. Corruption, low enforcement and time-consuming courts are common in these countries. In the case of Nigeria in Africa, the legal system is complex, and the fastest litigation can take 2-3 years, and the key is that the country's law is tolerant of debtors, and it is difficult to win the lawsuit, and even if it wins, it is difficult to enforce.

Fighting a lawsuit in Nigeria is a time-consuming, costly, and loss-making business with no chance of winning.

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Legal analysis: The process means: 1. In the face of the case being collected by the urging person, the collector must first sort out and classify the case by himself, be familiar with the overall situation of the case and the basic information of the debtor, and be aware of it.

2. At the beginning of the harvest of the traced potato, the general order of calling is the line unit**, then to the family**, and finally to my mobile phone. When these cannot be reached, they turn to the contact person who has been notified of the situation and who is relayed to the debtor for repayment. Note: You cannot collect money from the cardholder in the capacity of the bank, and you cannot make personal attacks in the negotiation.

Legal basis: Article 671 of the Civil Code of the People's Republic of China If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses of the borrower. If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.

[Legal Analysis].It mainly refers to the collection by filing a lawsuit with the court, and the types of litigation include civil litigation and criminal litigation, and civil litigation includes mediation and judgment, and mediation can also be subdivided into pre-litigation mediation and litigation mediation.

[The legal basis is clear].Article 410 of the Civil Code of the People's Republic of China Where the debtor fails to perform its debts due or the parties agree to realize the mortgage right, the mortgagee may agree with the mortgagor to receive priority repayment at a discount on the mortgaged property or the price obtained from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.

If the mortgagee and the mortgagor fail to reach an agreement on the method of realizing the mortgage right, the mortgagee may request the people's court to auction or sell the mortgaged property.

If the mortgaged property is discounted or sold, it shall refer to the market**. Accompaniment.

Blockbuster: Why should financial institutions continue to collect from debtors after overdue?

The most authoritative answer: After the deadline, the collection methods of financial institutions are mainly SMS collection, ** collection, collection letter, lawyer letter, door-to-door collection, and the role of collection is as follows:

1. The lawyer's letter is a means of collection by financial institutions. Generally, they will tell you how much you owe now and ask you when you will pay it back, but if you don't, what kind of responsibilities and consequences will you bear. It plays a warning role, so that the debtor will think that the financial institution is going to sue him after reading it, which will produce a great psychological burden, and if he does not want to go to court, he will try his best to raise money to repay the loan, 2. Extend the statute of limitations protection period.

The general limitation period is three years, and if there is no clear repayment time, the judicial limitation period is 20 years, and the arrears of financial institutions are subject to repayment time, so there is only a three-year statute of limitations protection period, for example, if you owe money to a financial institution for three years, and the other party has not collected you in these three years, then after three years, if the other party sues you, as long as you defend in court on the grounds that the three-year limitation period has passed, the court will not support the financial institution's claim. But if the other party sends you a lawyer's letter, a collection letter, or a door-to-door collection, ** collection or SMS collection, then the statute of limitations protection period will be extended, that is, three years from the date of the last collection, see here, those who say that after five years after the deadline, the bank lawsuit is useless can only say hehe, there is no free lunch in the world, and it will be repaid sooner or later, so it is not so easy to escape the debt, even if you escape to the ends of the earth, you can't eliminate the creditor's relationship, Only by negotiating to repay less money and opening a settlement certificate is the king, and the only way to write off the debt if you don't repay the money is to apply for personal bankruptcy, which is currently only piloted in Shenzhen and Zhejiang.

Legal analysis: It mainly refers to the collection by filing a lawsuit with the court, the types of litigation include civil litigation and criminal litigation, and civil litigation includes mediation and judgment in two forms.

Legal basis: Civil Code of the People's Republic of China Article 410 If the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to discount the value of the deferred mortgage property or to give priority to the payment of the price obtained from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement.

If the mortgagee and the mortgagor fail to reach an agreement on the way to realize the mortgage right, the mortgage holder may request the people's court to auction or sell the mortgaged property.

If the mortgaged property is discounted or sold, it shall refer to the market**.