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Is there any hope if you are about to become a deadbeat?

2024-05-09

There was an unexpected incident where a friend previously borrowed 20,000 yuan from me and never returned it. Later, I received a debt collection call, only to find out that he had been borrowing money everywhere due to gambling and taking out small loans, accumulating a huge debt, and then he ran away. The loan company started to harass the contact list, and it reached me.

Then this guy completely disappeared, and I don't expect to get the money back.

However, after several years, he recently repaid the money. I was very puzzled about how he made money in this situation. After a brief understanding, I learned that after becoming a "deadbeat," his main job was delivering takeout. At the same time, he had rich experience in debt management and made some money by using this experience.

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For example, if you owe a lot of money to the bank, and the interest is still accumulating every day, and you really can't repay it, he can teach you to call the bank and negotiate for "suspension of interest and account suspension," which means promising to repay the principal, and the bank doesn't want the interest. This is mainly an information difference. Once the bank believes you don't have the ability to repay, they just want to get back the principal. Credit cards, online loans, and so on, are all like this.

He is now a bit famous and has actually made some money. After making money, he wants to be a good person, so he first repaid the money of relatives and friends.

At first glance, it seems to be a win-win situation:

You can basically live a normal life, not like some deadbeats on the Internet, forced to break away from the previous circle of life, and lie flat on the edge of society. If you are lucky, you might turn over the salted fish and then restore credit and be a person again.

For financial institutions, it can also avoid more losses. It is best to collect all the debts, but if it is really not possible to collect, collect as much as possible. Financial institutions don't want to force you to the point of breaking the jar and smashing it.

Now, the number of people in this situation is increasing rapidly, so I am talking about this today. The debt issue is extremely complicated, and as a non-professional, I only know a little bit, and there must be many incomplete places, please forgive me. Welcome to the industry or those who have experienced it to supplement.

1Regarding debts, there is an old saying, "If you kill someone, you pay with your life; if you owe money, you pay it back, it's a matter of course." However, there is also another saying, "If you want money, I don't have any; if you want my life, you can have it, you decide."

These two sayings form a paradox.

In the process of debt handling, various methods are used to collect debts, both soft and hard. When the debtor really doesn't have that much money, many people may have a natural thought, so-called "It's better to owe three thousand than to have eight hundred now." It's better to get a little than nothing at all.

After receiving it, it doesn't mean that the debt is written off, but it's still owed. It's just that it's no longer pressed for payment.

When things come to this point, there are inevitably two paradoxes: whether the debtor is really broke or has money but deliberately refuses to pay. Both parties, from their own perspectives, will have different understandings.

Let's take two examples.

The recent one is Zheng Shuang, the prototype of the calculation unit "one Shuang." In a contract dispute, she was ordered to pay a debt of 90.5 million yuan. But the announcement also said that the court has exhausted all investigative measures and has not found any assets that can be executed, so the execution procedure can only be terminated.

Many people ask what to do with this account afterwards? According to the law, there is really no way to get her.

If you can find out the assets she concealed, not only can you execute, but you can also increase the fine, and even sentence her to prison for "refusing to execute a judgment." But if you can't find it, then there is no way. Anyway, it's quite magical that Zheng Shuang is now a deadbeat.

The court must act according to the rules, and it's not like Tang Xiaolong in "The Storm," who takes people to donate blood continuously or uses more extreme methods to collect debts.However, almost everyone believes that there must be some exaggeration in Zheng Shuang's daily film salary of millions. But to say that she has no assets to pay is absolutely impossible; she must have transferred her assets long ago. Of course, this suspicion is baseless, mainly because there are many such situations in reality. People may not understand Zheng Shuang, but they understand society.

Corresponding to this is the once shocking "humiliation of the mother case" across the country, which is another extreme.

The case is actually very simple: the business is in difficulty, and the bank loan cannot be repaid, and the way to obtain funds through regular channels is blocked. So they borrowed money from individuals, with an interest rate as high as 10% per month. Note that it is "monthly interest," 10% per month, and it's not 120% a year, but 300%, because the interest of each month also generates interest.

Those who often borrow usury understand that this kind of interest can only be used for two or three months of turnover, and once it lasts for a long time, there will inevitably be a big problem.

The "humiliation of the mother case" was also the same, and the interest quickly drained the company's funds, so they mortgaged the property. The lender brought more than a dozen thugs that day, with the purpose of forcing the transfer.

After the conflict erupted, they called the police many times, but the police said, "Debt disputes belong to civil disputes, and we can't solve them. You go to court," and then left. The lender felt reassured. Various violent and insulting means were used to force the debtor's son to get desperate, and he picked up a fruit knife and slashed around. As a result, one person was killed, two were seriously injured, and one was lightly injured.

The matter was only the first time it expanded here. Subsequently, the court sentenced the person who injured to life imprisonment, but did not deal with the violent collection and usury. This made the matter completely exposed. At that time, domestic P2P and small loans were at their peak, and as soon as the judgment came out, the "new finance" practitioners were overjoyed and forwarded it everywhere to show those who borrowed money from them.

Such a judgment attracted national attention, and the Supreme People's Procuratorate directly intervened.

The second trial of the Shandong High Court made a big turn: the person who injured was determined to have excessive self-defense and was sentenced to five years. The lender was sentenced to 25 years for organizing a criminal organization and other crimes, and the nine subordinates were sentenced to two and a half to 20 years. The police and leaders who were not actively dealing with the matter at the time were all cleaned out of the team.

This matter can also be seen as a turning point, which is equivalent to having a "judicial precedent." In the future, if there is violent collection and someone is killed, this judgment may also be the case, and the group of violent collectors suddenly stopped. After all, everyone goes to the door to do those immoral things, mainly to make money, and it would be a loss if they lost their lives.It is precisely because the situation of borrowers is complex that domestic formal financial institutions are very cautious in dealing with debts, trying to handle them internally and not subcontracting the debts.

On one hand, they are afraid that if someone buys this account, they will use the bank's name and use excessive means to collect debts in order to obtain excessive profits. Because the recovery rate is too low, many debts are heavily discounted when subcontracted.

Domestic consumer finance company asset packages are auctioned at a discount of less than 10% all year round. On February 28th this year, BOC Consumer Finance transferred 2.7 billion yuan of non-performing personal loans, and the starting price has already reached a 25% discount. That is to say, a loan of 100 yuan can only be sold for 2.5 yuan.

Everyone thinks, you spent 250,000 yuan to buy a debt contract of 10 million yuan from the financial institution, as long as you squeeze out 300,000 yuan from the group of people who owe money, you will make a profit. So now there are many companies doing this business.

Speaking of this, everyone will understand why it can be negotiated. You owe a certain online lending platform 10,000 yuan, and the online lending platform thinks it can't be returned, so it sells it to the debt collection company for 250 yuan. The debt collection company negotiates with you, if you understand the tricks, and directly say to give 1,000 yuan, the debt collection company may agree to the debt settlement. In the future, it will no longer harass you, but the credit may not be restored.

Some friends may not know what a "consumer finance company" is, which is more complicated. That is, the chaotic small loans in the past few years have ended, and some with a strong background are left, mainly 31. These online lending companies are not small, and they are also "licensed businesses", you can't do it if you want to. Their loan qualifications are generally loose, but the interest is very, very high, high interest rates are high risks, and they are already preventing you from not repaying the money.

If you have borrowed money from these companies, or even if you have been checked for credit by these companies, the bank can also see it, and it is not willing to lend money to you.

Here, I have to say that everyone should not casually play with those online lending platforms, even if they don't borrow, don't play. This has to be said about an incident that happened around me. A friend needed about 500,000 yuan, and he checked each platform to see how much he could borrow. After checking, he found that the interest was too high, and it was 8% at a stretch.

So he went to the offline bank's credit department and asked, and the big bank said he was qualified, and the interest was only about 4%. However, after the credit manager looked at his credit, there were a lot of online lending inquiries, saying that the big bank couldn't handle it, and the interest had to be raised, and he had to spend tens of thousands of yuan for no reason.

So the bank is also entangled, unwilling to bear the loss of money that can't be returned, and if it sells the debt to the debt collection company, it is afraid of having a bad impact. So the bank is particularly concerned about the collateral, those consumer loans, and the qualification review is also very, very strict, generally checking social security and housing provident fund, which is completely different from online lending companies.Some friends may not be aware that if you owe someone money, whether it's a bank or a small loan, or simply the people around you, and you are unable to repay it, this is considered an "economic dispute" and does not result in imprisonment. Only those who have the ability to repay but refuse to do so, and are caught with evidence, such as showing off their extravagant lifestyle on social media, will be detained. In reality, such cases are extremely rare.

I used to not understand this situation. How could it be reasonable to owe debts and not repay them?

Later, I gradually came to understand it, because the money was lent by you, right? If you didn't lend it, there would be no problem. In reality, apart from borrowing money between friends, most of the loans come with interest. Legally, it is assumed that you have thoroughly understood the risks and made a decision, with both returns and risks coexisting. Therefore, you generally won't be imprisoned or anything like that. You have to bear the loss for your own decision.

If a friend encounters a repayment problem, how will the other party usually handle it? In real life, we generally face these few types:

Mortgage loans, credit cards, and small loans. These correspond to three main groups of people.

Middle-aged people bear the burden of mortgage loans;

College students and young white-collar workers are for credit cards;

Other young people in society are prone to online loans.

Let's discuss each one by one.A highly discussed topic is whether a housing market downturn could trigger a large-scale mortgage default.

Observing Japan and the United States, it is not the decline in housing prices that affects mortgage defaults, but rather the employment rate. After Japan's housing market fell from its peak, except for their first-tier cities, most cities have not returned to historical highs. However, the Japanese still gritted their teeth and repaid their loans. So, what does a decline in housing prices affect? It affects consumption. Think about it, you bought a house for 2 million, with a loan of 1 million, and now it's only worth 1 million. It's equivalent to the down payment you saved before, which is now gone. Even though the house is for your own living, everyone's first reaction is that their savings have been washed away, and they want to repay the money as soon as possible and start saving again, which squeezes consumption.

Houses have a "savings account" mentality all over the world. Japan has been in this state for the past thirty years. After the housing prices fell, everyone felt that their savings were gone, and they just wanted to cut expenses and repay the money as soon as possible.

An important reason is that the main force of mortgage loans is the middle class. They cannot detach from the social financial system, so they will never stop paying unless it is absolutely necessary.

Looking at the current situation in Yanjiao, the housing prices have already fallen by more than 50%, and some properties have fallen by 70%. The down payments of the vast majority of people have already disappeared, but they are still trying to repay. This is why the middle class is very important and a key foundation for social stability.

But what if you really can't repay it?

The processes vary by region, but generally, the bank manager will first call you. If you still can't repay, it will be the bank's collection department. If you still can't repay, the bank will sue you in court. There is no doubt that you will lose the lawsuit, and then there will be a three-piece set:

Credit reporting;

Freezing all assets under your name;

Auctioning the property.Please note everyone, the fact that the house has been auctioned off does not mean that everything is settled. If the money from the auction is not enough to repay the bank loan, you still owe the bank money. To add, if the bank sues you in court, the various miscellaneous costs generated from the lawsuit, such as attorney fees and lawsuit fees, are also to be repaid by you.

Generally speaking, a house being auctioned will definitely leave you in debt to the bank. If the house could have been sold at a good price, you would have sold it already.

Therefore, those who default on their loans usually get divorced first to prevent both spouses from being executed. When I went to Argentina before, a local told me that South America has gathered a large number of people who owe too much money and cannot repay it. These people are essentially socially dead in their home country, so they go abroad to try their luck. Generally, the procedures in developed countries are more complicated, and they also require background checks, making it very difficult to go there. As a result, many people go to Africa and Latin America, which are not mainstream destinations.

So, what to do next? Next, you slowly repay the debt. Don't think about taking high-speed trains or airplanes, and the normal exit procedures will not work. When you have repaid the debt, you can clear your credit record, and they call this "coming ashore." How did those people in Argentina get there? It's a bit complicated. Remember the "line walking" in Myanmar before? Many of them are like this. Who would walk the line if they were a decent person?

Next up is credit cards.

The main users of credit cards are usually college students and young people who are often infatuated with something. Boys like electronic products, and girls like various bags, and they keep swiping their cards to buy, getting deeper and deeper, and finally, they can't repay.

For college students, you can usually solve the problem by directly contacting their parents. Most of the children dare not tell their families, and the interest keeps rolling, which actually may not be a big deal in the eyes of parents. Of course, if it keeps rolling, it may become a big deal.

If you can't repay it?

There is a series of complicated procedures, such as if you want the bank to reduce the interest and want to renegotiate the installment, the bank will definitely refuse you without hesitation.

At this time, you have to make some relevant complaints, such as to the Banking Regulatory Commission, saying that you are indeed in difficulty, and the bank's debt collection has caused a huge impact on the physical and mental health of you and your family. After the complaint, the bank will generally renegotiate with you. In fact, they are not deliberately making things difficult for you, everyone is working, and everyone is following the procedures.There are many specific methods available online, and you can search for them. It's best to ask someone who has been through the process, as it can be a grueling and anxiety-inducing experience that requires providing a large amount of proof.

If you really can't pay back the debt, after the bank has been dunning for a while and has said all kinds of harsh words, and finds it useless, you should be genuinely unable to repay. At this point, the interest will no longer increase, and the credit record will show as "bad debt", which will definitely be much higher than if you negotiate.

Will they deduct money from your other cards?

This will not happen, unless the credit card is linked to another card.

The principle is not complicated. If the money your bank lends out cannot be recovered, what does it have to do with our bank? Even within the same bank, bank cards and credit cards are not the same department.

However, if the bank sues in court and the court orders compulsory execution, the money in your other cards will also be deducted to repay the debt. But suing has costs, and it is worth suing for a mortgage, as the house can be confiscated and auctioned off.

For a credit card debt of one or two thousand, it is really not worth it, and it may be found that after the lawsuit, the money is still not collected, which would be a big loss. So in recent years, the mainstream approach has been to directly write off the bad debt and ignore it, but the credit of the debtor is also destroyed, and in the future, they are basically a "dead person" in the bank.

Finally, there is small loan. Those who default on small loans are mainly those grassroots young men and women with spirit. In recent years, there has been a very bad situation. You can understand those who go out to work without going to university, and most of them have bad credit records because of small loans, so they generally have a mentality of "breaking the jar and falling to the ground."

Generally speaking, the interest rates of online loan companies are very high, and they have already included the "default rate". It's like running a supermarket, where a part of the stolen goods is already included in the "fixed cost".

In addition, in recent years, the country has taken a heavy hand, and offline collection is very rare, usually just making phone calls to harass. This is easy to avoid, as many young people are mobile office workers, changing their phone numbers more frequently than changing cities. In the first half of the year, they were working in Huizhou, in the second half of the year, they were delivering express in Kunshan, and after the New Year, they went to Suzhou Industrial Park, and the loan collection company is not very good at finding them.Even if we take a step back, not allowing them to take planes or high-speed trains, anyway, they don't usually take them much. Restricting high consumption is even more ridiculous, the highest consumption is just buying a mobile phone.

Moreover, some of these online loan companies are credit reporting, and some are not. There may be a question that everyone is more concerned about, what if the online loan company you borrowed money from goes bankrupt, what will happen next?

Online it is said that before the company goes bankrupt, it will package your debt and sell it to another company. However, in reality, I asked a few brothers, and they all said that it's gone after the bankruptcy, and it's not on the credit report. Here I'm just talking about what I've seen, and everyone must not try it.

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Finally, let's talk about something that has become rare in recent years but still exists, which is usury.

This is very easy to confuse with online loans, but it's not the same thing at all. With online loans, you generally can't borrow much money, and tens of thousands of yuan is considered a lot, which is only enough for telephone harassment.

In small places, it is common for you to urgently need a large amount of money to "bridge", and this is very easy to find local usury.

If you can't pay it back, they are not a bank. Banks act according to the law, and they can't do anything even if they know you have transferred your property. Those local usurers don't care about this, they will try every means to squeeze out the money, do you know why Tang Xiaolong is called "Brother Dao"?

You say you can sue them?

It is possible, but it is very difficult, because it requires evidence, such as the often mentioned dog cage, if there is no surveillance, he can't sue. The contract is also not a problem, it will not write an annual interest rate of 300%. If you want to borrow 100,000 yuan, they directly write that you borrowed 300,000 yuan, and then transfer 300,000 yuan to you, and you quickly return 20,000 yuan in cash, so they are completely reasonable and legal in terms of law. This is much more difficult to deal with than owing to the bank, and it is really "only when people die can the debt be eliminated", how can you let you easily become a deadbeat.I'm not planning to continue writing further, but I'd like to say that happiness truly is a comparative experience. The mundane life we live every day might seem like heaven to those who are deeply in debt.

This also tells us not to incur debts without reason, and if we owe money, we should repay it as soon as possible. Learn from our mistakes and do not repeat the same errors in the future. Always act within your capabilities and do not take on risks that you cannot handle. More importantly, do not casually provide guarantees for others, no matter how close they are to you.

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