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After receiving the lawyer's letter because of the overdue loan, you must find a way to pay off the arrears as soon as possible, and then get in touch with the official customer service of the borrower Huabei, and ask the other party not to sue you and you will definitely pay off the arrears as soon as possible.
"Current Name Credit Loan" is a loan service launched by Alipay, and according to the different sesame scores, users can apply for different loan amounts.
The maximum repayment period of the loan is 12 months, and the daily interest rate of the loan is to borrow and repay at any time.
Huabei, whose full name is Ant Huabei, is a consumer credit product launched by Ant Financial, and after applying for opening, you will receive a consumption quota ranging from 500 to 50,000 yuan.
When consuming, users can advance the amount of Ant Huabei and enjoy the shopping experience of "consume first, pay later".
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First of all, receiving a lawyer's letter does not mean that you have been sued, and the lawyer's letter is a warning that the party intends to submit the matter to the law for resolution. If you receive a letter from a lawyer saying that you have not sued yet, it is a warning to you that if you do not repay the loan, then you will be sued immediately.
Of course, this does not explicitly stipulate how long it will take to prosecute after receiving a lawyer's letter, and it needs to be analyzed on a case-by-case basis.
If you receive a demand lawyer's letter, you should treat it positively:
1. If there is no actual arrears or the amount of arrears is incorrect, the lawyer who issued the lawyer's letter should explain the situation in a timely manner and provide corresponding evidence as much as possible for the lawyer to verify.
2. You should contact your lawyer in time and actively repay the loan. If it is difficult to repay the loan in a lump sum, you can also negotiate with a lawyer to repay the loan in installments. If you ignore the lawyer's letter if you ignore it, the other party may file a lawsuit with the court, and you may incur a loss of court fees, interest on arrears, and may have a negative impact on your personal credit.
Article 122 of the Civil Procedure Law of the People's Republic of China.
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 your credit card is overdue, you receive a lawyer's letter, and it is a good thing to seize the time to find a way to repay the loan. Credit cards are overdue due to unpaid annual fees, forming a bad credit record, which will bring about the following series of adverse consequences:
1. First of all, the bank will continue to collect the arrears, and if there is no result, the staff will visit directly; 2. Directly deduct the principal and interest of the outstanding amount from the settlement account of the cardholder's bank, and freeze the external payment of the settlement account; 3. If the mortgage collateral for the credit card is in the bank, the bank has the right to auction the mortgage collateral through legal channels; 4. If the credit card is applied for, the bank has the right to recover the principal and interest of the arrears and the corresponding fees from the guarantor.
Legal basis: Civil Code of the People's Republic of China
Article 671: Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
Article 673: 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.
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Legal analysis: arrears should be returned as soon as possible. On the one hand, the statute of limitations has been interrupted by the lawyer's letter, and at the same time, the lawyer has come forward to give the debtor a sense of urgency, and the debtor should return the arrears in time, otherwise he will be sued to the court.
Legal basis: Article 509 of the Civil Code of the People's Republic of China The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
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The consequences are quite serious, as follows:
The consequences of being sued are:
1. The court will make a judgment in accordance with the law, and if the borrower still does not repay after the judgment, the lender may apply for compulsory enforcement, and the court will seal and freeze the property of the person subject to enforcement in accordance with the law;
2. If the person subject to enforcement has the ability to perform but refuses to perform, the court may include the person subject to enforcement in the list of dishonest persons, which will affect the daily life of the person subject to enforcement;
3. Where refusal to enforce the ** section is serious, it may constitute the crime of refusing to enforce a judgment or ruling.
Extended Information: What are the consequences of overdue:
1. Bear high overdue fees.
For overdue fees, different online lending platforms.
Depending on the name, the fee will be different. Whether it's called overdue penalty interest, overdue management or other various names, the fees are very high. Therefore, if you have the ability to repay the loan on time, you should never overdue.
2. Bear the fancy collection of the platform.
Collection is generally divided into three stages: the first stage, just a few days overdue, the platform customer service mm softly and warmly reminds, telling you that you have been overdue, please repay on time; In the second stage, if it is overdue for a long time, the platform's customer service will seriously warn that it will face serious consequences if it is overdue; The third-order uproar section is overdue for a long time, and the platform no longer has good words to persuade each other and begins to take practical action.
Lose face; The platform arranges special collection personnel to collect door-to-door, face-to-face communication and accounting. Of course, these are still relatively mild. Some platforms outsource the collection and collect it by a specialized collection company, and the collection company that broke out some time ago is "violent collection", and I believe that borrowers are unwilling to encounter it.
3. Credit investigation of the People's Bank of China.
Produce stains. At present, most online lending platforms have not yet been connected to the credit information system of the People's Bank of China.
However, access to the People's Bank of China credit has become an inevitable trend. In the future, if the online loan platform fails to repay the loan overdue, it will be loaned to the bank.
Credit card overdue is recorded in the credit information system of the People's Bank of China, resulting in credit stains. If the previous consequences are just disgrace, then the stain on the credit will affect the actual life, if you want to buy a house, you can't get a loan, you can't get a mortgage if you want to buy a car, and so on.
4. The defendant goes to court.
After the loan is overdue for a long time or deliberately does not repay the loan, and the amount exceeds 2,000, it can already constitute a crime of fraud, and there is a risk of being sued by the online loan platform. Once the court rules in favor of the online lending platform, the borrower will have to pay the litigation costs and huge fines of both parties in addition to the amount that needs to be repaid, and even face jail time.
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Receiving the lawyer's letter can be resolved in the following ways:
1. Get in touch with the other party in time to repay the loan;
2. If there is no money to perform, you can negotiate first and sign an installment performance agreement;
3. Apply for deferred repayment. The lawyer's letter itself does not have legal consequences, but is only a warning. A lawyer's letter is an act of negotiation between the other party before filing a lawsuit. If the lawyer's letter is not honored, the other party may sue the court.
The consequences of overdue borrowing are as follows:
1. Penalty interest is generated.
An additional 50% interest will be charged. Although the policies of each lender are different, in general, banks are better at talking than microlenders. If the credit loan is overdue, the lender will first collect the loan and remind the borrower to repay, and at the same time, the interest rate will rise as a daily penalty interest.
For example, Citibank will charge 50% interest on top of the original interest rate, and some small loan companies may charge more liquidated damages;
2. Bad credit records.
Affect future loans and credit card processing. The next day after each overdue date, the name of the party will appear in the bank's internal system at the same time, and then the president and risk control will see it. After the deadline, it is inevitable that the credit report will leave a bad record.
Once you leave it, you may keep it for 3 to 7 years, and if you want to borrow money from other banks in the future, you may not be able to apply easily due to bad credit. <>
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