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Civil unsecured lending disputes

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

Nowadays, with the strengthening of risk reduction measures in the financial system, some banks have put forward many conditions when lending, and the threshold of loans is high. Many people have turned their attention to the people.Unsecured loanThe procedure is simple and short. I don’t know if these private unsecured loans often lead to civil loan disputes. Due to incomplete procedures or illegal agreements, the loan contract is often not protected by law, and often the money borrowed by some people under the temptation of high interest will not be returned.
 
High interest rate is difficult to recover
 
The old man Liu Guizhi, who lives in Shizhong District of Jining City, is still worried about how he can borrow the money he borrowed a few years ago. The old man is a retired employee of a company and has worked in the water dispenser business for several years after retirement. In 2005, she met Bai in the business of doing liquefied petroleum gas in the business process. However, she did not expect that it was this acquaintance that brought her own troubles. After the two became familiar with each other, Bai said that his liquefied gas business needs money, proposed to borrow money from Liu Guizhi, and verbally promised high interest. Liu Guizhi’s savings over the years have exceeded 100,000 yuan. Considering that your own money is placed in the bank is idle, and the interest is not high, it is better to lend to others, and to help and get more interest. So Liu Guizhi lent twice to Baimou for 100,000 yuan. At that time, Bai promised to pay 10,000 yuan a month. However, after the money was borrowed, Bai did not pay interest on a monthly basis according to the amount agreed at the time, and even did not pay it after three months. Liu Guizhi was asked by Bai’s husband to ask for money, but Bai refused to pay for his temporary financial difficulties. As a result, the two sides clashed with each other. After several times of asking for money, Liu Guizhi saw that the other party did not talk about credit, and decided not to ask for the interest originally agreed, but wanted to get back the 100,000 yuan of the principal as soon as possible. However, Liu Guizhi’s desire to get back the principal is still unsuccessful.
 
Winning the lawsuit is hard to return
 
After two years of repeated discussions, Liu Guizhi has not been successful. In desperation, Liu Guizhi told Baimou to the Wenshang County People's Court in Jining City, asking the other party to pay their own 100,000 yuan of principal and the originally agreed interest of 10,000 yuan per month. During the trial, the court held that Liu Guizhi’s interest with the other party far exceeded the bank’s interest rate by four times, and the court could not support excessive interest. In the end, the court ruled that Bai returned the Liu Guizhi principal of 100,000 yuan and the interest calculated according to the bank's interest rate for the same period. Liu Guizhi, who had no hope, was very satisfied with the result of such a judgment.
 
However, after the court’s decision, Bai did not return Liu Guizhi’s money in accordance with the court’s decision. Liu Guizhi, who was helpless, applied to the court for enforcement, but the implementation still failed. It is understood that when the executive went to Bai’s home to investigate the property of Bai’s name, he found that there were only two liquefied gas tanks worth tens of thousands of yuan in his name. Since the liquefied gas tank is a flammable and explosive dangerous goods, it cannot be sealed and auctioned. The other party refused to perform the judgment, and there was no property that could be executed under the name. Then how can Liu Guizhi get his money back? The reporter consulted Chang Fen, a lawyer at Jinan Kangqiao Law Firm, who said: "According to relevant judicial interpretations,Private lendingIf the interest rate exceeds the same periodBank interest rate4 times, it is a usury, it is an illegal act. The court will not support it. In the current situation, the creditor is required to provide the court with the clues of the property of the person subject to enforcement, and the court may enforce it after it has been identified. ”
 
More private lending disputes
 
It is understood that such cases of civil loans are not uncommon. With the accelerated development of the individual and private economy, some self-employed or small enterprises have great demand for funds, but the threshold of bank loans is relatively high for them. In the traditional financial system, the loan can not meet the demand for funds, and it has fostered the phenomenon of private lending. These loans do not need to be mortgaged, the procedures are simple, some small amounts are even based on the trust and verbal agreement between relatives and friends, and there is no real understanding of the lender's integrity and economic repayment ability, and often the money that can be released cannot be collected. phenomenon.
 
Chen Bin, a lawyer at Kangqiao Law Firm, said in several similar cases he contacted: “These private loans are neither collateral nor guaranteed, but only on a paper contract. Sometimes borrowers often cover their own high-interest rates. Write a loan, for high interest is not on the loan contract, in fact, this is an insecure risk for both the borrower and the borrower. Once the dispute occurs, the verbal agreement outside the contract will become very complicated, and the rights of both parties are difficult to guarantee."
 
Small-scale private lending can indeed meet the funding needs of some small businesses or self-employed people and help them develop. However, once the lender suffers from mismanagement due to various reasons, or the loan is in arrears, the borrower who is completely unprotected will face great risks or even direct losses. Therefore, while pursuing high returns of funds, it is necessary to regulate the behavior of lending, so that it can be more protected by law and let its own interests be more protected.

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