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The lawful lending relationship is protected by law, and if the debtor fails to perform the repayment obligation, the creditor has the right to file a lawsuit with the people's court in accordance with the law. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.
With reference to Article 90 of the General Principles of the Civil Law of the People's Republic of China, a lawful lending relationship is protected by law.
Referring to Article 106 of the General Principles of the Civil Law of the People's Republic of China, citizens and legal persons who violate contracts or fail to perform other obligations shall bear civil liability. Citizens and legal persons who, through their fault, infringe upon the property of the state or collective, or infringe upon the property or person of others, shall bear civil liability. Where there is no fault, but the law provides that civil liability shall be borne, civil liability shall be borne.
With reference to Article 108 of the General Principles of the Civil Law of the People's Republic of China, debts shall be repaid. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.
Referring to Article 110 of the General Principles of the Civil Law of the People's Republic of China, if a citizen or legal person who bears civil liability needs to be investigated for administrative responsibility, the administrative responsibility shall be pursued; where a crime is constituted, the legally-designated representative of the citizen or legal person shall be pursued for criminal responsibility in accordance with law.
With reference to article 236 of the Civil Procedure Law of the People's Republic of China, the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.
If one party refuses to perform, the other party may apply to the people's court for enforcement.
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You may be sued, and the other party can enforce your property if they win the case.
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Huang Shiren directly put Yang Bailao on the credit, and the world is a little chaotic. It's not about saving any industry, it's about driving people to death. What was illegal before, but now it is legal all of a sudden, and it has strong support from the state!
It is beyond reproach to regulate the behavior of borrowers on the credit investigation, but it must be done under the condition of fair rules of reciprocity between the two parties. Now it has simply become a porcelain, and the state supports this porcelain, so that the borrower has no choice at all! If it is the rule of credit investigation at the beginning, then the borrower will definitely think twice and will not borrow.
If you borrow it, you must be determined to pay it back. The biggest problem now is that although the borrower is a person with full capacity for civil conduct, they have no influence on this kind of defaulted credit investigation, and have no right to choose, they can only be lambs on the board, which will inevitably lead to a large number of people being forced to a dead end. Now I feel that it is not enough to only use online loans and small loan companies to report credit, and the account books of the landlords and bullies who were criticized and divided into the property in the campaign to crack down on local tyrants and divide the land should also be entered into the credit report of the People's Bank of China, so as to have a strong shock to the whole society, standardize people's behavior, and improve social morality.
Now I am forced to commit suicide and rob, so I can't pay off the "arrears". The point is to feel ridiculous and unwilling! Comprehensively go on the credit report, it's messy, if you don't pay it back, you don't pay it back!
The biggest problem now is that the repayment will definitely be slaughtered, so it won't bite you to death, and secondly, even if you pay off the "arrears" (in essence, you are extorted), the bad credit record will not be eliminated until five years after paying off. The only way out is to leave a message to the prime minister on the Internet, asking the prime minister to set things right, and completely take down the illegal credit information of illegal loan shark companies!
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If they really have no ability to repay, they shall negotiate with the lending institution to extend the repayment period or repay the loan in installments. Conditions for loan business: 1. Natural persons aged between 18 and 65; 2. The actual age of the borrower plus the loan application period should not exceed 70 years old; 3. Have a stable occupation and income, and the ability to repay the principal and interest of the loan on time; 4. Good credit information, no bad record, and the purpose of the loan is legal.
Relatively reliable online loan platform:
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If they really have no ability to repay, they shall negotiate with the bank or lending institution to extend the repayment period or repay the loan in installments.
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.
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They're really a bunch of big **, let them go to prison.
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Legal basis: Civil Code of the People's Republic of China
Article 627: The buyer shall pay the price at the agreed place. If there is no agreement on the place of payment or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the buyer shall pay at the seller's place of business; However, if it is agreed that the payment of the price is conditional on the delivery of the subject matter or the delivery of the documents for the extraction of the subject matter, the payment shall be made at the place where the subject matter is delivered or the documents that are delivered for extraction are made.
Article 675:The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.
Article 680:Usurious lending is prohibited, and the interest rate on loans must not violate the relevant provisions of the State.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.
If the loan contract is not clear on the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where a natural person borrows money between them, it shall be deemed to have no interest.
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Yes. 1. If Home Credit counts this account as a bad debt, you don't change it, and no one urges you, but it doesn't mean that the debt doesn't exist. Even usury will be the most troublesome and finally disposed of by the state, such as Houben Finance, check it out.
There is also a type of debt assignment, where your debt may be transferred to another institution, and just because Home Credit does not sue does not mean that the other agency will not sue. 2. On August 6, 2015, the Supreme People's Court promulgated the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, which stipulates the scope of private lending and the scope of application of law in the trial of cases. The two key figures of 24% and 36% per annum were used to redefine the interest rate and interest issues of private lending.
3. This judicial interpretation clearly states: "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.
Where 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. "Of course, some people will say that the annual interest rate of private loans cannot be exceeded now!
4. According to the newly revised judicial interpretation, if a loan occurs before August 20, 2020, the interest for the period from the date of borrowing to August 19, 2020 shall be determined according to the upper protection rate of 24%, and the interest after August 20, 2020 shall be determined according to the upper protection limit of 4 times the LPR at the time of the lawsuit. LPR is the interest rate of the loan market, which was officially released in October 2013 and implemented according to the new ** mechanism from August 2019, and the central bank entrusted the National Interbank Funding Center to announce the latest LPR at 9:30 on the 20th of each month.
5. Therefore, the current LPR interest rate of the sail section is updated once a month. LPR is formed by adding points to the open market operation interest rate (mainly referring to the medium-term lending facility interest rate) of each bank**. To put it simply, it is calculated by 18 banks, 6, and then calculated by the National Interbank Funding Center according to the method of removing a maximum price and a minimum price.
If you want to deal with it and are worried about the impact of credit reporting, then take the initiative to negotiate, maybe the loss can be reduced.
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Hello, I have seen your question and am sorting out the answer, please wait a while You may be collected in various ways, and you may be sued.
That means they have the right to call my relatives and friends?
You don't have the right to ask your relatives and friends.
Such collections are non-compliant.
Does they still exist?
Tell me the full name of the company, and I'll check it for you.
Jet-Vietnam United. JE-Vietnam Joint Information Consulting****.
Beijing lawyer is too tired of online loan sharks It really cost me half my life online loans have high interest rates, various fees, and violent collection, so don't take out online loans in the future.
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The consequences of non-payment of the arrears in the first letter are very serious, which is very similar to the consequences of the non-repayment of the bank's arrears. Therefore, everyone must do their best to pay off the loan in full. There are 3 specific methods of fabrication:
1. Borrow money from relatives.
In the case of owing Home Credit 70,000 yuan, the more reliable way is to immediately explain your predicament to relatives and friends and borrow a sum of money from them. However, what Xi Caijun wants to emphasize to everyone is that you must not borrow usury to pay off old debts, otherwise there will be endless troubles.
2. Sell property.
Although selling your property is a very losing business, it is even more important to protect your credit. Therefore, everyone can sell their valuables to pay off their debts as a last resort, such as cars, jewelry, etc. Quietly.
3. Apply for an extension.
If you are impatient, you can try to negotiate with Home Credit and find a way to get a deferral of repayment. In this way, everyone can buy a lot of time for their sock luck.
In general, the 70,000 owed to Home Credit must be repaid. Otherwise, personal credit will inevitably be seriously damaged and will be affected for the rest of your life.
At an interest rate of 3%, 15 years are compounded.
The income is 56%, and the interest of 60,000 yuan is about 33,000, which is quite low. If you buy a wealth management, the income will almost double. It is not recommended to make bank deposits. >>>More
30,000 yuan, the amount is too small, it is not worth hiring a lawyer, and you have an IOU, this is the most powerful evidence, just go directly to the court to sue, write the indictment, write clearly what time and place the other party borrowed money from you, wait for **, winning the lawsuit is not a big problem, if the other party does not pay back the money, wait for the ten-day appeal period to expire, go to the court to apply for enforcement, the court will freeze the other party's account, and list him as a list of dishonest persons until he pays back the money. Hope it helps.