The overdue claims of online loans have been transferred. Who is eligible to collect debt?丨 "Investment 121"

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In practice, on the occasion of debt transfer, the assignee often reports a lawsuit against the debtor without notifying the debtor's creditor's rights transfer. So, in this case, is the assignee qualified to collect debt to the debtor? How will the judge judge?

On August 24, 2022, a similar case was disclosed online.

Two times the claims are transferred

On August 22, 2019, Liu Moumou successfully loaned 58,000 yuan from China Resources Trust through the "Flying Loan" APP operated by Shenzhen ZTE Flying Loan Financial Technology Co., Ltd., according to the borrowing contract: "The loan amount is 58,000 yuan, and the loan period is 12 12 moon".

After the contract was signed, China Resources Trust transferred 58,000 yuan to Liu Moumou's designated account that day, but Liu Moumou failed to fulfill the obligation to repay the principal and interest on time from January 22, 2020. A certain behavior has constituted a breach of contract.

On June 22, 2020, China Resources Trust and Shenzhen Fending Loan Micro Loan Co., Ltd. signed the "Credit Transfer Contract" number FD-2020-ZR03, which will transfer Liu Moumou's creditor's principal and interest to Shenzhen Loan Co., Ltd..

On June 30, 2020, Shenzhen Fei Minfu Loan Co., Ltd. signed the "Credit Transfer Agreement" with Qingdao Ante Nvalian Assets disposal Co., Ltd., agreed that Shenzhen Fei Loan Micro Loan Co., Ltd. will include Liu, including Liu, including Liu The claims, including so -and -so, were transferred to Qingdao Ande German Non -performing Assets disposal Co., Ltd.

On July 29, 2020, Shenzhen Fei Minfu Loan Co., Ltd. issued the "Debt Transfer Announcement" in the B04 version of the Qilu Evening News, and the announcement notified the creditor's rights transfer.

Subsequently, Qingdao Ande's Non -performing Assets disposal Co., Ltd. sued Liu Moumou from the People's Court of Jinyuan District, Taiyuan City, Shanxi Province, and claimed that he enjoyed all the creditor's rights of Liu Moumou on Shenzhen Fei Loan Micro Loan Co., Ltd. Liu Moumou repaid the remaining principal and interest.

The assignee needs to bear the responsibility for proof

Liu Moumou replied that the case was a dispute over the transfer of creditor's rights. The creditors' transfer of rights should notify the debtor. The transfer was not notified that the transfer would not have legal effect on the debtor. The evidence provided by Qingdao Ande's Non -performing Assets Disposal Co., Ltd. cannot prove that the transfer of the debtor has not been notified of the debtor, and the transfer behavior does not have legal effect on the debtor Liu Moumou.

In this regard, the People's Court of Jinyuan District, Taiyuan City, Shanxi Province believes that the case is a dispute over the transfer of claims. Article 80 of the Contract Law of the People's Republic of China stipulates that if the rights of creditors transfer their rights shall notify the debtor. The transfer did not have the effect on the debtor.

The court pointed out that as a type of claim, the transfer should be notified to the debtor. Qingdao Ande's Non -performing Assets disposal Co., Ltd. has no evidence to prove that China Resources Trust has transferred creditor's rights to Shenzhen Fei Loan Micro Loan Co., Ltd. After Shenzhen Fending Loan Micro Loan Co., Ltd. transferred the right to recovery to Qingdao Anchengde Disposal Treatment Co., Ltd., although the "Crimine Transfer Announcement" was released in the B04 version of Qilu Evening News, the content of the transfer announcement only explained that Shenzhen City Fei Loan Micro Loan Co., Ltd. transferred the creditor's rights to the plaintiff, and did not attach a list of claims. The amount of relevant debtors and claims. company.

The court believes that the evidence provided by Qingdao Ande's Non -performing Assets disposal Co., Ltd. cannot prove that the debtor's transfer of debt has not been proved that the debtor has not been notified of the debtor Liu Moumou. The court does not support the request of Qingdao Ante's Non -performing Assets disposal Co., Ltd. to request Liu Moumou to repay the principal and interest of the loan.

The Minutes of the "Second Tour Court of the Supreme People's Court" published by the People's Court Press in June 2022 pointed out that the legal notification conditions of the law for debt transfer on the debtor's legal effect on the debtor, that is, the 80s of the "Contract Law" 80th Article 546 of the "Civil Code" stipulates that if the debtor is not notified, the transfer will not effective in the debtor.

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(Coordinating: Ma Chunyuan)

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