How to calculate the death of overdue legal online loan

Overdue online loan What if someone dies

Debtor dies ， debt It cannot be eliminated. China《 Law of succession 》And relevant laws. creditor To recover debts, first look obligor Whether there is any property left, and then whether there is Debt guarantor 。 After the death of an ordinary citizen, if he has property, his debts shall be borne by him heir Undertaking; Without property or abandoned by the heir inherit The successor shall not bear the debts of the decedent.

1、 How long will online loan not sue

Basis《 contract law 》And relevant laws and regulations, if the contract has an agreement on overdue payment, it shall be borne in accordance with the contract Liability for breach of contract 。 If the contract clearly stipulates late payment Liquidated damages , or if the specific method of compensation for losses is agreed, the contract shall bear the liability for breach of contract; If the agreed liquidated damages are excessively higher than the losses caused, the judicial organ may reduce them according to law upon the request of the defaulter. If Parties to the contract If the liability for breach of contract for overdue payment is not clearly stipulated, the defaulter shall still bear the legal liability according to law Fruits 。

2、 Bad consequences of overdue online loans

1. Undertake high overdue fees.

For overdue fees, different online loan platforms have different names and charging standards. Whether it's called overdue default interest, overdue management or any other name, the charging standard is very high. Therefore, those who are able to repay on time should never be overdue.

2. Accept platform fancy collection.

The collection is generally divided into three stages: the first stage, just a few days overdue, the platform customer service MM whispers and gently reminds you that it is overdue, please repay on time; The second stage is long overdue, and the platform customer service is serious warning , threatening to face serious consequences if it is not overdue again; In the third stage, after a long overdue period, the platform stopped talking and began to take practical actions. There are many kinds of practical actions, for example: the platform pushes you to your relatives and friends arrears Information makes you disgrace in the circle of friends; The platform arranges special collection personnel to collect on site and communicate with each other face to face. Of course, these are relatively mild. Some platforms outsource collection, and special collection companies are responsible for collection. The collection companies that broke out some time ago“ Violent collection ”, I believe the borrower is unwilling to meet.

3. People's Bank of China credit reporting has produced stains.

At present, most online loan platforms have not yet accessed the credit reporting system of the People's Bank of China, but accessing the credit reporting system of the People's Bank of China has become an inevitable trend. In the future, if the loan on the online loan platform is overdue bank loans 、 Credit card overdue It is also recorded in the credit information system of the People's Bank of China, resulting in credit stains. If the previous consequences were only disgrace, then the stain of credit reporting will affect the actual life buy a house I can't get a loan, I can't get a mortgage if I want to buy a car, etc.

4. The accused went to court.

If the loan is overdue for a long time or deliberately fails to be repaid after the amount exceeds 2000, it can already constitute a crime of fraud and risk being sued by the online loan platform. Once the court decides that the online loan platform wins the lawsuit, the borrower should pay both parties in addition to the amount to be repaid Litigation costs And a huge fine, even facing jail.

Through the discussion on online loan repayment, the loan will not disappear after the borrower's death. That is to say, according to relevant regulations, the borrower or institution can send a repayment notice to the borrower's legal relatives according to law, and the loan must be legal. The debts shall be borne by his successor, unless he waives inheritance.