- Online loans are overdue. Some people don’t have to pay, and some people are in jail. Why? Under the circumstances that do not violate the law, what is the legality of not paying back the money? 1. Beheading a loan The beheading is to deduct the interest generated by the principal before the lender withdraws money to the borrower. For example: the lending institution has a loan of 20,000 yuan, and the platform deducts 2000 yuan.
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After the online loan is overdue, some people don’t have to pay it, but some people are in jail. Why?
When it comes to overdue online loans, many lenders will tremble. High overdue fees, time is long, really can't afford it! So there are a lot of "surprise" titles on the Internet, such as:
"There is a complaint that someone has to pay 9000, and the result is only 2000!"
However, there are also cases of being overdue and being imprisoned! What exactly is going on?
Silly and unclear? If you have a letter, you should explain how to reduce your losses as much as possible under legal circumstances.
What is the legality of not paying back the money?
1. The first dollar loan
The slashing interest is the interest that the lender will deduct from the principal before lending it to the borrower.
For example: Xiao Wang borrowed 12,000 yuan, the platform deducted the handling fee of 2,000 yuan, and Xiao Wang actually paid 10,000 yuan. Then the portion of the interest of 2,000 yuan does not need to be paid.
Article 200 of the Contract Law stipulates that the interest on the loan shall not be deducted from the principal in advance, and the interest deducted from the principal shall be refunded according to the actual amount of the loan and the interest shall be calculated.
There is a saying that there is a letter
The interest on how much money is paid for, the so-called interest is calculated based on the actual amount of borrowing.
2. Annualized rate of interest above 36%
The annual rate is beyond the scope of national legal support and the borrower does not need to return it.
For example, Xiao Wang borrowed 10,000 yuan in October 2018, and needs to repay 2,000 yuan per month for 10 months. At this point the interest rate has exceeded 36%. In the part where the interest rate is higher than 36%, the interest agreement is invalid.
Note that interest within 24% of the annualized rate is subject to legal protection and must be returned to the principal and interest.
However, interest between 24% and 36% is not illegal and is not protected by law. The payer has the right to charge the borrower the interest. Of course, the borrower also has the right not to pay the interest. The interest rate and principal within 36% still need to be paid.
Under what circumstances do you still have to go to jail to borrow money?
First of all, everyone is very concerned about whether it will go to jail after overdue. If the lending institution that collects letters from the central bank, overdue will only leave a credit stain on your personal credit report, which will increase the obstacles for your future loan.
Generally speaking, borrowing users are not allowed to borrow money in two cases. One is that there is really no money. This situation is generally not going to jail. There is also a situation where you do not intend to pay back.
There is a letter to remind all of you that you are not paying back, it is a "fraud" behavior, and it is judged as "fraud" and may go to jail!
1. Using false information to swindle
In the process of borrowing, if you use your pseudonym, fake address or fake documents to cover up your true identity, you will disappear without a trace after you succeed.
Some people borrow money with real information, but after the amount of the loan arrives, they hide their whereabouts by changing the mobile phone number and moving out of their current address. Most of these acts will be judged as borrowing fraud.
To sum up a sentence: Don't use false information on loans, it is easy to be convicted if there is fraud!
2. The court still does not repay after the judgment
There is another situation in which you can go to jail, that is, the lender (your real creditor) sue in court, you are sentenced to repayment, and if you are able to repay, you still refuse to repay, then you may be able to Refused to refrain from executing a judgment or ruling, facing a prison sentence.
Note: Your true creditor is generally not a lending platform, but a specific lender or institution. Because many online lending platforms are just lending intermediary services. Then, will you be prosecuted? Only see how your creditors choose.
There is a saying that there is a letter
It’s good to borrow it, it’s not difficult to borrow it! It’s almost time to repay, don’t forget to pay back the money~
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