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Will the bank prosecution lawyer come to the door?
1. The bank credit is overdue, will the lawyer come to the door?
Lawyers generally don't send letters in person, but this possibility is not ruled out.
If it is a bank loan, the bank will generally collect it three times. If the debt is not paid off after collection, the bank will bring a lawsuit to the court. If it is really unable to repay, it can be repaid by installments through negotiation.
People's Republic of China (PRC) Civil Code
Article 675
The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
Two. What is the process of overdue prosecution of bank credit?
Prosecution procedure:
(1) When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated.
If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
(2) According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
(3) When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, detailing the names and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
(four) the filing court shall, within seven days after the parties perform the necessary procedures and submit the relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
(five) the parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If the written application for delay, deferment or exemption is not approved within the time limit, our hospital will decide to withdraw the lawsuit automatically.
(6) After the case is put on file, the court arranges the court session time, and the parties shall obey the various work arrangements of the court. After the case is closed, the litigation expenses shall be settled in the financial office, and the overpayment shall be made and the underpayment shall be made.
If the credit is overdue after use and is not repaid for a long time, the bank can directly sue. As for whether the lawyer will come to the door, it needs to be judged according to the actual situation. When a general bank sues, it will submit relevant evidence to the competent court. After receiving the materials, the court will decide whether to file a case for acceptance.
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