Small loan company why won lawsuit also cannot take back money

-- the judge: there are three major problems -- its own management

Authors: Gao Min Liu Zhan Sun Pingping Source: management mechanism Date: 2013-04-02

For Small and micro businesses to bank loans difficult, the petty loan company called "the gospel". However, a lot of small loan companies in order to earn more interest income, continue to streamline business processes, although has won the favor of customers, but also for their own business has not controllable risk, and even lead to litigation.
According to the Yuyao court statistics, in 2012, the hospital accepts the financial case amounts to 198, grow 90% compared to the same period in 2011, which involved in the dispute, the petty loan company 39, the amount of up to about 52000000 yuan.
Recently, the Yuyao court made the analysis of these cases, summarizes 3 problems in their management of the small loan companies.

Problem a:

Lax to the borrower qualification review

Du Mou is Linshan town Yuyao city a paint factory owners. Last year, he wants to expand the scale of business, need a sum of money. Because the credit conditions are not qualified, the bank refused his request, he decided to find a small loan company luck.
In 2012 July, Du Mou to find a friend when the guarantor, submitted an application to the Yuyao a small loan companies. Less than two days, 800000 yuan loan contract to sign up, for a period of six months, the interest rate of 17.1 per thousand, monthly settlement.
After Du Mou not about the payment of interest, small credit company filed a lawsuit to the court. Trial and sentencing, Du Mou did not appear, the court default judgment of small loan companies win.
Although the battle is won, but because Du Mou is gone, the small loan companies to recover the debt is still quite difficult. The judge said, it is with the ability to perform the objective of a relationship, but also to blame the small loan companies in their management problems.
"A lot of small loan companies in the lending business, the lack of the necessary pre loan investigation, loan review is not strict, review of the borrower's financial condition, operating income and operating status of a mere formality, which greatly increases the risk of bad loans. A court in Yuyao commercial court judge Qi Zhiqiang said. Problem two:

Not on the chattel mortgage do not pay attention to

He and his wife Yu Yaoren Ms. Xie opened a clothing store in the local. In order to expand business, last September 17th, he was signed with a small loan a loan contract, the amount of 1500000 yuan. Small loan company let old wife Ms. Xie issued a personal guarantee statement, but did not ask her to provide goods such as housing as collateral.
He can't keep borrowing, repayment. In January this year, the couple both sitting on the dock of Yuyao court. The court ordered the old loan repayment and interest, and his wife, Ms. Xie is to bear joint and several liability.
The judge said that, if the bank loans, the bank must to housing as collateral, or both parties are civil servants, working stable income, can also consider small loans. "But, small loan companies did not provide material guarantee, but also not to the couple's work nature and source of income for observation, direct to the borrower a letter of guarantee as wife lending, although the case verdict, but the realization of creditor's rights difficult."
The judges also said, some small credit company even with the housing property as collateral, rarely for mortgage registration, or some of the lender only the living housing to mortgage, the case entered the implementation stage, may also cause the mortgage housing can not be auction disposal. Problem three:

On lending collateral requirements is not high

Many Small and micro businesses or individuals in financing to small loan companies, the other enterprises in the debtor, guarantor or counter guarantor. However, small loan companies often to guarantee enterprise how do not understand, has been lending. In a Yuyao court to microfinance case, no such case.
In December 9, 2011, a technology hardware products factory, a wool textile factory, a factory supplies 4 factories and a small loan companies signed a joint guarantee loan guarantee contract. The contract agreed: 4 factory any, borrow the maximum 2700000 yuan loan to small loan companies, the remaining 3 will assume joint responsibility to ensure that.
Then, technology hardware products factory 700000 yuan to the small loan company loan. To the repayment date, there are about 600000 yuan is not, small loan companies sued to the court, 4 factories will sign the contract of UNPROFOR tied for the defendant. Small loan company won lawsuit, but several factories have no money.
The judge, "by way of security, the secured creditor has quite large proportion. But many factories registered capital of only hundreds of thousands, the loan amount is up to a million yuan. Some small credit company only the value of their mutual guarantee form, but the substantive value of the secured assets did not review, it is easy to form the bad debt, risk also increased litigation."

-- the judge: there are three major problems -- its own management

Authors: Gao Min Liu Zhan Sun Pingping Source: management mechanism Date: 2013-04-02

Recently, the Jiaxing bank Jiashan Branch received the Jiashan court to a service implementation guarantee civil ruling, this is this year since the implementation of the new civil procedure law, the first real guarantee civil Jiashan court ruling. By this, it can be the first time apply to the court for compulsory execution, shorten mortgage loans totaling time.
Case: in February 17th this year, the Bank of Jiaxing Jiashan branch to Jiashan court filing window, submitted a "for realizing the real rights for security applications", according to auction, sell the respondent Jiang property for a loan of 2500000 yuan. On the court after examination, that the application is in accordance with the new civil procedure law "conditions for realizing the real rights for security", for the record.
In 2012 February, Bank of Jiaxing Jiashan branch and Jiashan facilities limited company signed a bank acceptance protocol, based on the company to pay 2500000 yuan deposit, give the company issued 5000000 yuan of loans. At the same time, the bank and the respondent Jiang Mou signed the "maximum mortgage contract", agreed on a Jiashan facilities Limited lending in the mortgage 2500000 yuan limit for security, and its located in Jiashan Wei Tang a villa mortgage.
After signing the contract, mortgage registration both parties to the real estate sector, Jiaxing bank Jiashan branch as loans. Until the 2012 8 day, overdue debt, but the facilities of the company for capital chain rupture has been unable to repay. Therefore, the line to the Jiashan court for realizing the real rights for security applications.
Jiashan court in accordance with the relevant provisions of the new civil procedure law made a final ruling: granted Kang have located in Jiashan Wei Tang's property through auction, sale and means to appraise, the Jiaxing bank Jiashan branch in terms of the maximum amount guarantee 2500000 yuan of priority.
Comment: realizing the real rights for security refers to the debtor does not fulfill the debt, the guarantee real right person by the statutory procedures, the subject matter of security discount, auction, sale and so on, which claims to be the process priority.
Before the new civil procedure law implementation, implementation on real right for security, according to the "general rules of the civil law" and "guarantee law" provisions, the mortgagee and the mortgagor fail to reach an agreement, the mortgagee can only be achieved by the prosecution to the court the way. Implementation of real right for security by means of lawsuit, complicated procedures and time is longer, the need for the trial court. But in the judicial practice, the guarantor, the debtor in order to escape debt obligations by avoiding shoes, delivery, filing an appeal means the delay time, the parties appeal, the creditors get effective judgment often take several months, or even longer, is not conducive to the interests of the creditors protection.
Therefore, the provisions of article 196th, article 197th: "the new civil procedure law for realizing the real rights for security, by the obligee and the realization of guarantee right has the right to request the other laws in accordance with the law, is to guarantee property or real right of pledge registration at the basic people's court at." "The people's court after the acceptance of the application, after examination, in accordance with the law, ruling auction, sold the property for security, on the basis of the ruling party may apply to a people's court for enforcement; do not comply with the provisions of the law, the court rejected the request, the parties may bring a lawsuit to the people's court."
Accordingly, realizing the real rights for security in the case of registration within 30 days from the date of expiry of the notice, or within 30 days after it. The processing time is greatly shortened. At the same time, no fee cases (before the court is subject to litigation or litigation expenses amount), therefore, the applicant can greatly reduce the time and cost, the applicant can better guarantee the legitimate rights and interests of.
In such cases, although the amount is larger, but often it is simple and clear, both sides dispute, the court may decide by a review, but also greatly saves the judicial resources.
Of course, if the respondent objections, creditor's rights, guarantee relationship is disputed, the court after examination may reject the application by the parties, resolve through litigation.