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Hello, overdue repayment will not only produce liquidated damages or penalty interest, but also have a negative impact on personal credit, and the company will take corresponding collection processes for customer overdue behavior, it is recommended that you repay in time, if you need help or consultation, please call customer service**.
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If the content of the lawyer's letter is enforced, it means that the lawyer's letter is fake.
If the lawyer's letter does not have the ability to be enforced, and the enforcement must be enforced by the court in accordance with the law, and the case must have been tried and adjudicated, if your case has not been held, it is impossible to enforce it.
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Lawyer's Letter'S letter) refers to the professional legal documents produced and sent by the lawyer when he accepts the client's entrustment to disclose and evaluate the relevant facts or legal issues, and then puts forward requirements to achieve a certain effect. The purpose of using a lawyer's letter to conduct a legal evaluation and risk estimation of a certain fact is to use the legal standards and the lawyer's judgment to know the legal facts to the target of service, and to move the pros and cons to gain and lose, so that the subject of service can draw his own "legal evaluation", that is, "convey the law to reach the meaning".
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The lawyer's letter is not enforceable, it only warns you that you are prepared to go to court. However, the borrowed money always has to be repaid, and if the court mediation fails, the money will still be repaid. Except for usury.
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There are all kinds of difficulties in life, but the first principle of life is integrity, integrity-based! Since you borrowed money, you will execute it according to the requirements of the contract, but you push the problem to the intermediary, which means that your responsibility is not enough, and such things will still emerge in an endless stream in the future. Let's find a way to pay back the money first.
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The lawyer's letter has no enforceable effect, and if you do not repay the loan, the other party can go to the court to sue you, and it cannot be directly enforced.
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There is no good way to repay debts, it is a matter of course, if you don't pay back, you will have a lawsuit, or use assets to pay off debts!
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If you owe money, you have to pay it back quickly, otherwise the court will not be able to sue you.
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Late expected execution is executed immediately.
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Whatever your reason, it's illegal not to pay it back.
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Generally, no, but if you have a large amount of business, you may be sued by Home Credit Loans.
For those users who apply for online loans, the credit line of their own online loans is not high, so there is basically no risk of being sued. However, if the amount involved in the case has exceeded 30,000 yuan, you may indeed sue the lender to the court, and you may also be applied for enforcement. I advise you to pay off your arrears as a priority and never touch such products again.
1. Home Credit Financial generally does not sue users.
It's very simple, even though Home Credit Financial is a regular loan product. But for many borrowers, these borrowers themselves are not in a good financial position and do not owe much money. In order to control costs, loan companies generally do not choose to sue users, but will choose to use collection to urge users.
2. You may have received a forged lawyer's letter.
Some users may have received so-called lawyer's letters, which are basically forged because of online loan products. You can think of this behavior as a collection tactic, in which the collector will put maximum pressure on the borrower, and then urge the borrower to repay the loan as soon as possible. If the amount of money involved in your case is huge, it is not ruled out that Home Credit Financial will really sue you, so you need to be mentally prepared.
3. You need to repay the arrears as soon as possible.
Regardless of whether you have received a real lawyer's letter or not, Home Credit Financial Market Central Bank Credit, your overdue behavior will affect your personal credit. I suggest that you actively repay the arrears, and if you are under pressure to repay in a short period of time, you can take the initiative to communicate with the staff of the other party and try to reach an agreement. If your situation is more unique, you can even apply for negotiated repayment and apply to repay only the principal.
The other party may not agree at first, but if you are positive about repayment, the other party may make concessions. <>
Finally, you must not touch online loan products in the future, this kind of product is very harmful.
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Hello, please repay the loan according to the contract, overdue repayment will not only produce unnecessary liquidated damages or penalty interest, but also have a negative impact on personal credit.
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Yes. If you are overdue on your home credit loan and do not accept the other party's ** or do not repay the money for a long time, you will receive a lawyer's letter.
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If you borrowed a large amount of money and it was overdue for a long time, you may receive it.
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Yes. Because this is a formal financial platform, if you are particularly overdue, you will receive a lawyer's letter and will be sued.
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Summary. When Home Credit Finance collects the arrears of users, it will be carried out through ** collection, door-to-door collection, judicial prosecution and other methods. For example, if the user is overdue for more than 90 days, and loses contact during the collection process and has a poor repayment attitude, it is normal for the platform to recover the funds through litigation.
In the actual collection process, the Home Credit platform has indeed sued overdue users. Once sued in court, it is likely to be included in the list of dishonest persons and even enforced by the court.
Hello, I'm a consulting lawyer, and I'm happy to serve you
Hello. A lawyer is at your service.
When Home Credit Finance collects the arrears of users, it will be carried out through ** collection, door-to-door collection, judicial prosecution and other methods. For example, if the user is overdue for more than 90 days, and loses contact during the collection process and has a poor repayment attitude, it is normal for the platform to recover the funds through litigation. In the actual collection process, the Home Credit platform has indeed sued overdue users.
Once sued in court, it is likely to be included in the list of dishonest persons and even enforced by the court.
Just because your side is overdue, do you have any other behavior that does not cooperate with the repayment, if any, such a situation is not good for you.
Home Credit Finance itself is a credit reporting institution, and it will also have a serious impact on the user's personal credit after the overdue, and will leave a stain record on the personal credit report, which will directly affect the user's credit business on other platforms. At the same time, in the overdue process, it will often be collected by the platform, not only the debtor himself, but also the emergency contact person will be affected.
It is recommended that you seek our professional loan lawyers to deal with it and give you a better solution.
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<> will not go to jail, this is a civil debt dispute, and there is no criminal liability at all from beginning to end. As long as you don't owe a bank credit card debt, and there are no other illegal circumstances involving criminal punishment, you are not in jail.
You owe a baby or a loan is civil, and jail is a criminal punishment, these are two different things. Moreover, it is useless for them to send a lawyer's letter, if the amount is small, there is not even a civil lawsuit, which is not enough for the cost of litigation. They are mainly ** collection.
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Home Credit is connected to the personal credit system of the People's Bank of China, and if you cannot repay the loan within the specified time, you will not only incur liquidated damages and other expenses, but also have bad credit records. Home Credit offers a grace period of up to 9 days for repayment, and if this grace period expires and the person has not repaid, it will be reported to the credit information system and liquidated damages will be incurred.
Legal basis: Article 673 of the Civil Code of the People's Republic of China If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop disbursing the loan, withdraw the loan in advance or terminate the contract.
Article 674 of the Civil Code of the People's Republic of China The borrower shall pay interest within the agreed period. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.
Article 675 of the Civil Code of the People's Republic of China 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 676: Where a borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.
Article 577 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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Under normal circumstances, if there is a breach of contract or overdue, the relevant creditor mainly meets the conditions for filing a lawsuit as stipulated in the Civil Procedure Law, and the relevant creditor can sue at any time without time limit. It depends on the actual situation of the creditor.
Legal basisCode of Civil Procedure
Article 119 The following conditions must be met for a prosecution:
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.
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Legal analysis: If the defendant receives the lawyer's letter and does not respond, it is still overdue, and then there is only a court lawsuit. The judgment of the court gives the state coercive force, and you should take the initiative to fulfill it.
There are three consequences for non-performance: 1. Enforcement by the people's court; There are many enforcement measures, including a search of your home, including auctions, sales, seizure of your property, freezing of your bank accounts, and the seizure of your home. 2. If the refusal to execute, the court may detain a fine of up to 1,000 yuan for up to 15 days, and it can be applied repeatedly.
3. Refusal to enforce a legal document effective by the court, where the circumstances are serious, violates Article 313 of the Criminal Law, constitutes the crime of refusing to enforce a judgment or ruling, and will be sentenced to up to three years imprisonment, short-term detention, or a fine.
Legal basis: Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Article 1: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law:
1. Refusal to perform the obligations set forth in effective legal documents despite having the ability to perform;
2. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threatening Fu Rushi;
3. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;
4. Violating the property reporting system;
5. Violating the order restricting consumption;
6. Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.
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Summary. Hello, compulsory enforcement means that the people's court uses the coercive power of the state in accordance with the legal procedures to force the civil obligor to complete the obligations it undertakes according to the specific enforcement content of the legally effective document, so as to ensure that the rights of the right holder can be realized.
Legally effective documents include, but are not limited to, the following: civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, payment orders, etc. As soon as they enter into force, the obligor shall perform automatically. If the right holder refuses to perform, the right holder may apply to the people's court for compulsory enforcement.
The person who makes the application is called the applicant, and the person who is named to perform the obligation is called the person subject to enforcement.
If you owe Home Credit 3,000 yuan for 5 years, can a lawyer enforce it.
Hello, I am a cooperative lawyer who consults, I have received your question brother to do dust, the current consultation person is more than Haha Please wait for 2 minutes, I am helping you solve the problem.
Hello, please wait....
Hello, compulsory enforcement can only be enforced by the people's court, and lawyers have no rights.
Hello, compulsory enforcement means that the people's court uses the coercive power of the state in accordance with the legal procedures to force the civil obligor to complete the obligations it undertakes according to the specific enforcement content of the legally effective document, so as to ensure that the rights of the right holder can be quickly realized. Legally effective documents include, but are not limited to, the following: civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, payment orders, etc.
As soon as they enter into force, the obligor shall perform automatically. If it refuses to perform, the right holder may apply to the people's court to enforce the enforcement of the Sanchang. The person who makes the application is called the applicant, and the person who is accused of performing the obligation is called the person subject to enforcement.
I didn't get a court summons, I didn't get a court notice, and now it's a lawyer who has come to my house, and I have all the papers, and he wants to enforce me.
Hello, in order to enforce, the first thing to do is to have an effective legal instrument.
Legal documents are issued by the court.
Lawyers do not have the right to enforce the law, and the subject of enforcement is the state organ.
Yes, there are civil judgments, rulings on the realization of security interests, rulings confirming mediation agreements, payment orders, etc.
Now, if I don't have legal documents, if I am told to enforce my words, is there any process?
He has no right to enforce you, and he has to apply to the court to have the right.
Is 3,000 yuan enough for a sentence?
If there is a court notice or subpoena to enforce it.
Yes. Please wait....
I have not received a subpoena or notice from the court, and no department has the right to enforce me.
Hello, 3000 yuan can be filed.
However, since the amount is small, you will not have too many additional responsibilities if you repay the loan as soon as possible.
Yes, no one has the right to enforce your property without legal instruments.
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There will be a lot of fees for late repayment, and the interest has increased several times, so it is better to solve it as soon as possible.
It's about the same as I am now, I'm 3,400,000 overdue now, now find a way to installment with the bank, reduce my pressure, and pay it back.
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