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Lanshan District Luozhuang District Hedong District Yishui County Tancheng County Junan County Mengyin County Pingyi County Fei County Yinan County Linshu County Lanling County

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Mortgage guarantee Personal debt Conjugal debt Debt claims private lending Recovery of arrears Loan disputes Debt dispute Corporate debt

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Shandong Linyi Creditor's rights and debts

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Law Popularization for Creditors and Debtors in Linyi

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What are the legal provisions related to private lending

When the people's court encounters clues that may involve illegal fund-raising and other illegal acts when trying private lending disputes, it needs to continue to try and transfer them to the Ministry of Public Security or the procuratorate for investigation. If the facts of the loan case depend on the pending criminal case, the proceedings will be suspended until the criminal trial is successful. #Creditor's rights and debts 1037 readings
Debit note lender needs to sign

The IOU agreement is usually signed by the borrower alone, without the lender's signature, and its legal effect is in the borrower, not the lender. If the guarantee is involved, the guarantor can sign. However, in the formal Loan Contract, both the debtor and the creditor (whether the borrower or the lender) need to seal for confirmation to reflect the responsibilities of both parties. #Creditor's rights and debts 851 readings
What are the common reasons for private lending

The prevalence of private lending in China stems from many factors: insufficient use of idle funds, and the imbalance between supply and demand in the capital market lead to frequent lending; The tight credit policy makes it difficult for some funds to flow through formal channels, while farmers and small and medium-sized enterprises have difficulty in financing; Simple procedures make it popular; The loopholes in financial supervision regulations breed illegal lending, and the law is ineffective. #Creditor's rights and debts 1161 readings
What is the repayment order of principal and interest

In the absence of special provisions or agreements, the debtor shall pay off debts of the same kind in accordance with: priority to pay off matured debts; The second is the debt without mortgage or with the least collateral; If the debts are heavy, due in the same order or proportion, the order shall prevail; After paying off the main debts, bear the relevant expenses, interests and the remaining main debts in turn. If it is not enough to pay off the debt, it shall be paid in the order of cost, interest and principal debt, unless otherwise agreed. #Creditor's rights and debts 854 readings

Can I call the police for help if the borrowed money is not returned

Whether the loan is unpaid or a civil dispute is not under the jurisdiction of the police. The public security department mainly deals with criminal cases and public security management. In case of such problems, they should be solved through consultation, legal proceedings, arbitration or mediation. Generally, the police will not formally file a case for investigation. #Creditor's rights and debts 955 readings
Under the Civil Code, how to pay off the secured creditor's rights when a company goes bankrupt

When an enterprise goes bankrupt, priority claims will be paid first, but if there is any surplus, it will be distributed to ordinary claims. The creditor waives the priority and the creditor's right becomes ordinary. Distribution order of bankruptcy property: employee salary, social insurance, medical insurance, pension, statutory compensation → pension, medical insurance expenses → tax arrears → ordinary creditor's rights. #Creditor's rights and debts 1148 readings
How will the law deal with non repayment of personal loans

Within the legal scope, the creditor can recover the debt through litigation, regardless of the debtor's temporary or long-term inability to repay. The former can negotiate deferred or installment payment; The latter needs to liquidate assets according to the court judgment. Malicious default will be subject to enforcement, such as seizure of property, restriction of rights, and criminal responsibility can be investigated in serious cases. The court will make a decision according to the actual capacity of the debtor to allow an appropriate extension of the time limit. If you deliberately fail to perform the judgment, you will face legal sanctions, such as detention, fines or charges of refusing to execute the judgment. When the execution is difficult, the court may relax the conditions for performance at its discretion. #Creditor's rights and debts 1200 readings
How to deal with the simultaneous maturity of other warrants and loans

In mortgage loans, the validity period of other warrants is usually until the debt is paid off, and overdue borrowers may face the disposal of collateral. The law gives the lender the right to realize the collateral in accordance with the law when the debtor defaults. According to Chinese law, the mortgagee may negotiate with the borrower for realization, but it may need a court ruling to protect the interests of other creditors. If there is no consensus, the mortgagee can apply to the court to auction the collateral. #Creditor's rights and debts 992 readings

Win the lawsuit Credit card debt has not been paid back, trying to recover losses for the bank

Agent: plaintiff result: Win the lawsuit

My value: Do not repay after handling the credit card, and spare no effort to recover the loss for the bank. Detailed case>
Win the lawsuit If the commercial acceptance bill is not honored, we will try our best to recover all the money for the manufacturer!

Agent: plaintiff result: Win the lawsuit

My value: Obtain payment for goods sold to reduce own losses. Detailed case>
Win the lawsuit Civil judgment of civil first instance on private loan disputes such as Sun XX and Wang X

Agent: plaintiff result: Win the lawsuit

My value: Defendants Li Kangnan and Wang Qun repaid the loan of 271490 yuan and interest (the interest is calculated at the annual interest rate of 0.9% from December 4, 2018 to the date of actual performance, with 271490 yuan as the base) within 10 days after the judgment came into effect. Detailed case>
Win the lawsuit Linyi XX Company and Wang Ideal Civil Judgment of First Instance on Civil Loan Dispute

Agent: plaintiff result: Win the lawsuit

My value: 1、 Defendant Wang xx shall repay the plaintiff Linyi xx Real Estate Marketing Planning Co., Ltd. with a loan of 184408.30 yuan within ten days after this judgment takes legal effect. 2、 Defendant Wang xx shall pay the plaintiff Linyi xx Real Estate Marketing Planning Co., Ltd. 1520 yuan of preservation fee and 500 yuan of preservation premium within 10 days after the date of legal effect of this judgment. Detailed case>

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