Legal Analysis: If the loan is made in loans overdue within 90 days, the creditor can file a lawsuit regardless of the amount owed by the loan. China's law does not stipulate the minimum amount of prosecution for loan contract disputes. As long as the conditions for prosecution prescribed by law are met, any arrears can be prosecuted. Online loan disputes are generally civil disputes. If the counterpart fails to repay the loan in time, this person is at risk of being sued at any time, and there will be criminal risks if one party is malicious.
Legal basis: Article 119 of the Civil Procedure Law of People's Republic of China (PRC), the prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 193rd of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) obtaining loans by other means.
How much money you owe online loans will be prosecuted.
According to the contract between the two parties, the standards of each company are different. If you don't pay back more than 3,000 yuan, a few will sue. However, this overdue time is basically at least half a year, and it has been in arrears, and the recovery is fruitless. If the loan is overdue for a long time or deliberately not repaid, it can already constitute the crime of fraud after the amount exceeds 2000. Consequences of overdue online loans: 1. Bear high overdue fees. 2, undertake the platform fancy collection. 3. Facing the crisis of national trust. Now online lending platforms have established a blacklist system, and blacklist platforms have begun to communicate with each other. Borrowing on one platform is overdue, and it is very difficult to borrow on other platforms. In addition, online lending platforms will publicize blacklists through their own online channels such as WeChat and Weibo, and even on the big screens of railway stations and airports. 4. Personal credit information is tainted. The defendant went to court. After the loan is overdue for a long time or deliberately not repaid, after the amount exceeds 2000, it can already constitute a fraud crime and is in danger of being sued by the online lending platform. Once the court decides that the online lending platform wins the case, the borrower will not only need to pay back the money, but also pay the litigation costs and huge fines of both parties. Article 3 of the Civil Procedure Law of People's Republic of China (PRC) The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and their property relations and personal relations.
How much did you owe the online loan before being sued?
No matter how much the online loan owes, the online loan platform can sue, but in practice, it usually takes a long time for the loan above 1000 yuan to be sued, and the online loan platform should also consider the litigation cost.
The harmfulness of peer-to-peer lending:
(a) with the nature of usury
Some lawless elements aim at colleges and universities, seize the characteristics of college students' lack of social experience and weak awareness of prevention, and carry out short-term and micro-loan activities. On the surface, this kind of loan is not profitable, but in fact, the interest they get is 10 times or even more than that of the bank. What's more, they use "usury" to carry out other criminal activities, such as defrauding students' collateral and deposits, or using students' personal information for telephone fraud.
(B) will breed bad habits of college students.
Due to different family backgrounds, college students' economic conditions and consumption levels are inevitably different. College students whose thoughts are not yet fully mature and stable can easily form blind comparison psychology. Since their financial resources are mainly provided by their parents, once they have this mentality, those expenses will certainly not meet their daily needs. Therefore, their consumption will be limited. Once online loan companies use slogans such as "zero interest" and "quick arrival", they are easily attracted. According to the survey statistics, the items that college students spend on online loans are mainly digital products such as mobile phones, computers and SLR. In addition, tourism and clothing are also their main consumption contents. Due to the temptation of comparison psychology and related items, these students are likely to obtain funds through online loans and develop bad habits such as alcoholism and gambling. Seriously, they will skip class and commit suicide because they are unable to repay.
According to Article 3 of the Civil Procedure Law of People's Republic of China (PRC), the people's courts shall accept civil lawsuits brought by citizens, legal persons, other organizations and between them for property relations and personal relations, and the provisions of this law shall apply.
Liability for non-repayment of loans:
If the borrower fails to repay the loan, it shall pay liquidated damages or penalty interest to the lender. Payment of liquidated damages refers to the payment of a certain amount of money to the other party according to the provisions of laws and regulations or the loan contract when one party fails to perform or fails to fully perform its obligations stipulated in the loan contract. This is an economic sanction against the defaulting party for breach of contract, which is punitive.
How much will the online loan be sued?
One,
How much do I owe online loans to go to court?
No matter how much money is owed, online loans will be filed as long as they are brought to court, because civil rights are aimed at safeguarding rights, and the requirements for filing a case are not directly related to the amount of money. A court that meets the conditions for filing a case shall file a case. The limitation period for requesting protection of civil rights from the people's court is three years.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Second,
What are the consequences of owing online loans?
The consequences of owing online loans are:
1. Encountered penalty interest and liquidated damages. If the loan is not repaid, the first thing you encounter is a high penalty interest. On the basis of penalty interest, some financial institutions also need to pay liquidated damages.
2. Credit damage. If you don't pay back the loan from the bank within the time limit, your personal credit report will be stained, and it will be very difficult to apply for credit cards and loans in the future.
3. It will be collected in various ways. Both banks and online loans have their own collection systems. Xiaosan will send a text message and call the client to collect money. In serious cases, there will even be personal pressure from the collector for 24 hours, which will disturb the normal work and life of the client.
4. Being sued, assets may be seized.
Article 214 of the Civil Procedure Law of People's Republic of China (PRC): If a creditor requests the debtor to pay money or securities, it may apply to the grassroots people's court with jurisdiction for a payment order if it meets the following conditions:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor. The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
Third,
Isn't it enough to owe online loans to jail?
If you don't pay back the online loan, you won't go to jail. Not paying back the online loan is not a criminal liability, but a civil liability. According to the law of our country, the debt should be paid off, and if the debtor is temporarily unable to repay it, it can be repaid by installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. Therefore, if you owe online loans, you will not go to jail.
Article 577 of the Civil Code of People's Republic of China (PRC) stipulates that if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 stipulates that if one party clearly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the time limit for performance.