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private lending It refers to loans between citizens, between citizens and legal persons, and between citizens and other organizations. As long as the opinions of both parties are true, they can be recognized as valid mortgage Corresponding effective, but the interest rate shall not exceed the relevant interest rate stipulated by the People's Bank of China.
According to Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, the term "private lending" in these Provisions refers to the act of financing between natural persons, legal persons and unincorporated organizations.
These Provisions are not applicable to the disputes arising from the issuance of loans and other related financial businesses of financial institutions and their branches engaged in loan business established with the approval of the financial supervision department.
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Generally speaking, private lending is legal, but it must be within the scope allowed by law, otherwise it is not protected. Between natural persons Loan contract Where it is agreed to pay interest, the interest rate of the loan shall not violate the relevant provisions of the State on limiting the interest rate of the loan.
Private lending refers to lending between citizens, between citizens and legal persons, and between citizens and other organizations. As long as the intention of both parties is true, it can be recognized as valid, and the mortgage generated by borrowing is correspondingly valid. Private lending is divided into private individual lending activities and lending between citizens and financial enterprises. Private individual lending activities must strictly comply with national laws and administration statute The principles of voluntary mutual assistance and good faith shall be followed.
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? Article 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that if the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, but the interest rate agreed by both parties exceeds Formation of contract Except that the market quoted interest rate of one-year loan is four times.
The term "one-year loan market quoted interest rate" as mentioned in the preceding paragraph refers to the one-year loan market quoted interest rate issued monthly by the National Interbank Funding Center authorized by the People's Bank of China as of August 20, 2019.
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1. Lending should be legal. Only legal lending relationship can be protected by law.
2. A written agreement shall be concluded. A large number of private loans, especially loans between relatives and friends, were borrowed without any written documents due to the affection or trust of both parties. Once the borrower denies the fact of borrowing, it is difficult for the lender to provide evidence, especially for petty cash lending.
3. To keep the borrower ID or Business license copy. When signing the written agreement, keep a copy of the borrower's ID card or business license together with the loan contract. In case of disputes, you can accurately know the identity information of the other party and provide it to the court, which is conducive to the timely use of legal means to protect your rights.
4. Payment shall be made by transfer and remittance. There is a large amount of cash lending in private lending. The lender did not ask the borrower to sign the receipt of payment. Once the borrower repented, he only wrote Debit note When no payment is actually received, as a lender, it is difficult to prove that the actual payment has been made. Therefore, try to use transfer payment, especially large amount lending, in lending.
5. Ask the borrower to provide guarantee as far as possible.
6. Timely collect due loans.
7. Use legal means Recovery of arrears 。
8. Beware of "illegal fund-raising" type private lending.
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1、 It is flexible in handling disputes.
“ litigation ”, which specifically refers to a statutory summary procedure, that is, the procedure of urging. Revised in 1991 civil procedure law This procedure has been added. And within the specified time, obligor If there is no objection, the payment order will become legally effective. If the debtor fails to perform the obligation of repayment, the court may enforce Enforcement 。
2、 The borrowing procedures in private lending must be complete.
As the saying goes, "brothers should settle accounts clearly". No matter how good the relationship is, basic procedures should be performed to avoid possible disputes in the future. First, it is better to take the form of a situation in which the borrower establishes a receipt of loan and delivers it to creditor Receiving and keeping.
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（1） Expiration direct opening
A friend who has not paid his debt at maturity may not be able to pay it, may forget it, or may not even plan to pay it at all, but in either case, as long as he forgets to pay the money, he can take the IOU to tell his friend. No matter what the outcome will be, we must first negotiate, and if the negotiation fails, we can use other methods.
（2） See the time and ask for it face to face
This method depends on the opportunity. For example, when everyone is together and you just need to use money, it is better to ask the borrower for money when you have friends. Nowadays, people generally have good face. In that case, when he is just able to change, it is usually a better time.
（3） Reverse borrowing
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handle Private lending disputes The methods of negotiation, mediation, arbitration and litigation are included.
The prosecution must meet the following conditions:
（1） The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
（2） There are definite defendants;
（3） There are specific claims, facts and reasons; wait.
Complaints/reports Statement: The above contents are sorted and released by the legal chart network in combination with policies and regulations, and complaints can be made if the contents are incorrect or involve infringement
Encyclopedia of private lending
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When you lend money to others, you should make a written receipt, which is what we often call a receipt of loan. Then how to write a receipt of loan is protected by law, how to write a cash receipt, and how to write a mortgage receipt
2023.09.22
16925 people read
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In the lending relationship, the most indispensable thing is to write a debit note, but the debit note has a corresponding format, otherwise it may not have legal effect. How to write the format of the debit note? The law chart editor introduced
2023.09.21
18763 people read
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The loan slip is also known as the loan slip. It is a written voucher to prove the existence of the loan relationship and is very important for both lenders and borrowers. Therefore, pay special attention when writing the loan slip. And the prosecution
2023.09.21
422932 people read
Consultation on private lending
Legal Counsel Recent reply:
Pay off the loan as soon as possible. 1. Negotiate with the bank for solutions. Solution to overdue credit card: If the cardholder forgets to repay, he or she must repay as soon as possible, preferably in full. Call the bank credit card center to declare that it is not malicious. If the overdue time is short, the bank may not count the bad record; If the credit card is overdue and unable to repay due to unemployment, disease and other reasons, before the repayment period, the card holder should take the initiative to contact the bank credit card center to explain his economic situation, declare that he is not in malicious debt, and apply for deferred repayment or installment repayment; When the cardholder takes the initiative to apply for extension of repayment, the bank will often agree to the extension, and the bank and the cardholder will agree on a mutually acceptable repayment plan. 2. In this way, the bank will not record bad records, but must repay on time after applying for extension; Credit card repayment information The central bank credit information system rolls for 24 months, and the credit card overdue repayment record will be kept in the credit information system for two years. If it is found that the card is directly cancelled after the overdue repayment, the information will not roll, but will be saved for a long time. Therefore, it is better not to cancel the credit card immediately after the card holder has overdue, and it is better to insist on using it for more than 2 years, and then maintain a good credit record.
Legal Counsel Recent reply:
1. If the credit card is borrowed by others and they do not repay, they can sue, but they need to have corresponding evidence to prove that, otherwise, the arrears still need to be repaid by the credit card owner. 2. Legal basis Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases When a lender files a civil loan lawsuit with the people's court, it shall provide evidence of creditor's rights such as IOUs, receipts, IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. The people's court shall accept a civil loan lawsuit filed by the party holding the creditor's right certificate if the creditor's right certificate, such as the receipt, receipt and IOU, does not specify the creditor. If the defendant raises a factual defense against the plaintiff's creditor qualification, and the people's court considers that the plaintiff does not have the creditor qualification after examination, it shall rule to dismiss the lawsuit.
Legal Counsel Recent reply:
If the court judges the receipt as an IOU, the time for the parties to appeal is within 15 days after receiving the first instance judgment, which contains the time limit, place and specific operation method of appeal. In fact, the reason for receipt and debit note is different. If you lend money to others, you should normally ask the borrower to sign a debit note.
Legal Counsel Recent reply:
According to the relevant laws and regulations of our country, if the credit card holder hands over the credit card to others, and others do not repay after swiping the card, the card holder shall bear the responsibility, and the bank will recover the credit card arrears from the card holder. Article 69 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks shall fully disclose the following basic information to the cardholder: the name of the cardholder and the balance of arrears, the reason for the collection and relevant regulations, the relevant rights and obligations of the cardholder, the way to query the account status, repayment, raise objections and provide relevant evidence, and the contact information of the issuing bank, Relevant business seals and other contents specified by the regulatory authority. The card issuing bank shall timely make notes on the relevant credit card accounts and carry out verification and handling after receiving the objection raised by the cardholder on the credit card collection.
Legal Counsel Recent reply:
Repayment by the credit card applicant. 1. The credit card has the function of consumption or cash withdrawal, and has a meaningful monetary nature. The credit card applicant and the bank actually form a lending relationship. Based on the principle of relativity of the contract, even if the credit card is lent to others, the applicant should still bear the responsibility of repayment. Of course, if the applicant has evidence to prove that the credit card debt is the consumption of the borrower, After assuming the responsibility for repayment, the borrower can claim compensation. 2. In Article 676 of the Civil Code, if the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant national regulations.
