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Private unsecured borrowing disputes

Time: 2013-03-04         Source: Shandong legal newspaper         Author: Shandong Legal News

Now, with the financial system to reduce the risk of strengthening measures, some banks in the loan, have put forward a lot of conditions, the threshold of the loan high, many people put their eyes aimed at the peopleUnsecured loans, The procedure is simple and short. Do not you know that these civil unsecured loans, often lead to civil loan disputes. Due to incomplete procedures, or the relevant agreement illegal, often make the loan contract is not the protection of the law, often lead to some people in the high interest to lend money to take out the money does not come back.
High interest is difficult to recover
Who lives in the city of Jining City, Liu Guizhi old man is still a few years ago to borrow their own money how can get back to distress. The old man is a retired employee, retired after doing a few years drinking fountains business. In 2005, she met in the business process to do the liquefied gas business of a white. But she did not expect, it is this meet to bring their own now troubles. After two people are familiar with, the white said his liquefied gas business needs money, put forward to Liu Guizhi to borrow money, and verbal commitment to high interest. Liu Guizhi over the years accumulated more than 10 million. Taking into account their own money on the bank is idle, the interest is not high, it is better to lend to others, both to help the busy but also more interest. So Liu Guizhi lent twice to Bai million a hundred dollars, then a verbal commitment to pay 10,000 per month interest. But after the money lent, the white did not in accordance with the agreed number of the monthly payment of interest, even after three months did not pay. Liu Guizhi accompanied by her husband to find a white money, can be a temporary lack of money on their own grounds to refuse to pay, the results of the two sides quarreled a mess. Several times after the money is not met, Liu Guizhi see each other does not speak credit, decided not to ask for the original interest, but would like to get back as soon as possible that the principal of 10 million. But Liu Guizhi return to the principal's desire is still not successful.
Win the money is hard to return
Repeated two years later, Liu Guizhi has not been successful. In desperation, Liu Guizhi will Baumou Jining City Wenshang County People's Court, asked the other to pay their own 10 million principal and the original agreement of 10,000 per month interest. In the trial, the court held that Liu Guizhi and the other agreed interest far more than 4 times the same period the bank interest, the court can not support excessive interest. In the end, the court ruled that Bai a return Liu Guizhi principal 100,000 yuan and interest rates calculated by the same period the bank interest. This did not hope that Liu Guizhi for such a verdict is still very satisfied.
But the court ruling, the white did not return in accordance with the court's decision Liu Guizhi money. Desperate Liu Guizhi applied to the court for enforcement, but the implementation still failed. It is understood that the implementation of the staff to a white investigation of a property under the white found that the name of the property only two tens of thousands of dollars worth of liquefied gas tank. As the liquefied gas tank is flammable and explosive dangerous goods, can not be seized and auction. The other refused to perform the verdict, the name and there is no property can be implemented, then how can Liu Guizhi get back their money? Reporters on this consultation Jinan Kangqiao law firm Chang Fen lawyer, he said: "According to the relevant judicial interpretation,Private lendingOf the interest rate if more than the same periodBank rateOf 4 times, it belongs to usury, is a violation. The court will not support it. In the present circumstances, the creditor is required to provide the court with a clue to the property of the person being executed, which can be enforced after the court has been identified. "
Private loans and more disputes
It is understood that such cases of civil loan disputes are rare. With the individual and private economy to accelerate the development of some self-employed or small businesses have a great demand for funds, but the threshold of bank loans for them in terms of relatively high. In the traditional financial system can not meet the demand for funds, the breeding of folk lending phenomenon. These loans do not need to mortgage, the procedure is simple, some small or even with the friends and relatives of the trust and oral agreement, the integrity of the lender and the lack of real ability to repay the ability to reckon, often appear to put out the money can not get up phenomenon.
"Some of the civil borrowing is neither collateral nor secured, but only a piece of paper, and sometimes the borrower, in order to cover up his own high interest in lending, is often only a matter of time," he said. Write a loan, for high interest is not in the loan contract, in fact, for both sides of the loan is not a security risk, once the dispute occurs, the verbal agreement outside the contract will become very complex, the interests of both sides is difficult to guarantee.
Small private lending, can indeed meet the needs of some small businesses or individual operators to help them develop. But once the lender for various reasons there is poor management of the ability to repay the repayment, or some loans malicious arrears, completely unprotected borrowers will face a great risk or even direct losses. So in the pursuit of high-yield funds at the same time, it should regulate the lending behavior, it is more legal protection, so that their interests are more protection.

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