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This statement is absolutely false. You can settle the arrears of 14,000 with 1500. Obviously, it is absolutely impossible, and it is very likely that 1500 is just a settlement of interest. And not the principal.
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The company was originally illegally fundraised, so generally speaking, it can't get the money back, and it will definitely go bankrupt directly.
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12 installments, 1500 per installment, 18000 a year, 14000 owed, 4000 more, would you like it? Let's have a snack.
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Certainly not true, there is nothing so good in the world.
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I borrowed 28,000 yuan from Zhongtengxin, and I have already repaid 35,000 yuan, and I have to repay more than 14,000 yuan to pay it off, can I not pay it back?
2020-01-11 09:35:03 Hunan - Changsha Debt claims.
Lawyer Li Dahe.
Lawyer Li Dahe.
2020-01-11 12:39 Answer.
Consult me. According to Article 26 of the "Fa Shi [2015] No. 18), the principal (subject to the actual amount received, and should be subtracted from the interest, service fee, guarantee fee, insurance premium and other fees paid in the previous period) and interest (service fee, guarantee fee, insurance premium and other expenses can all be regarded as interest, with absolute protection within 24% per year and relative protection within 36% per year) to be repaid, but the illegal part of interest expenses may be refused to be paid on the basis of taking into account the principle of good faith; According to Article 31 of Fa Shi [2015] No. 18, the debtor may recover the excess payment (negotiation, mediation, litigation); If the loan platform has illegal and criminal factors such as routine lending and illegal lending, only the principal will be calculated, and I don't think the interest and other expenses can be calculated.
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Summary. Dear, hello, I'm glad for you, how to deal with the arrears overdue for three years. It may be handled by litigation, but whether it has a statute of limitations is to be determined from the following circumstances:
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 expressly refuses to repay.
How to deal with the arrears of Sino Soar Credit that are overdue for three years.
Dear, hello, I'm glad for you, how to deal with the arrears overdue for three years. It may be handled by litigation, but whether it has a statute of limitations is to be determined from the following circumstances: (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 if it is overdue, it loses the right to request protection from the people's court.
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 expressly 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, it shall be deemed to have reconfirmed the original debt, and the creditor-debtor relationship shall be protected by law.
Zhongtengxin borrowed 17,000 yuan, has repaid 3,000 yuan, is it legal to repay 23485 after being overdue for three years?
The first paragraph of Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that: "If the interest rate agreed between the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it." If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid.
At the same time, in order to avoid situations where the interest rate agreed upon by the parties is too high and the debtor bears too high interest, the judicial interpretation stipulates that if the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.
Is that legal?
If the interest rate is exceeded, it will not be qualified.
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Hello, I'm glad to answer this question for you, about your question Tengxin has been overdue for 4 years but has not sued does not mean that the platform will not sue you, you still have this lending relationship, so it is recommended that you deal with it in time.
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There will be no consequences for the money borrowed:
1. If the lending institution or bank fails to perform the court judgment within the performance period after winning the lawsuit, it will apply to the court for enforcement.
2. When the court accepts the compulsory enforcement, it will inquire about the real estate, vehicles, ** and deposits in the name of the lender in accordance with the law.
3. If the lender has no property in his name that can be used for enforcement and refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.
4. In the case of refusal to enforce the judgment or ruling despite having the ability, it is suspected of the crime of refusing to enforce the judgment or ruling.
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