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The cash loan service fee plus interest is over 36%. Can more than the part be sued for return?

Edit: JA Source: Rong 360 finishing 2018-01-16 10:43

Now that the interest on borrowings exceeds 36%, the return can be claimed by most people. This view comes from the provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in Private Lending Cases. Article 26 The interest rates agreed by the borrowers and the lenders do not exceed 24% per annum. If the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.

  The interest rate agreed by both the borrower and the lender exceeds the annual interest rate by 36%, and the excess interest agreement is invalid.If the borrower requests the lender to return the interest that has been paid more than 36% of the annual interest rate, the people's court shall support it.


In fact, "service fees + interest more than 36% can go back more than?", the most important issue depends on whether the two parties signed an intermediation contract, or a loan contract, if it is an intermediation contract, according to the "Contract Law of the People's Republic of China" The provisions of Chapter 23, the intermediation contract, refers to the intermediary who reports to the client the opportunity to conclude a contract or provides the media service for the conclusion of the contract, and the principal pays the contract.

The contract with the borrower is not a lender but an intermediator. The intermediaries provide media services for the lender and the borrower. This service fee should be intermediary and not counted as interest. If you sign a loan contract, all expenses should be interest, and more than 36% can ask the lender to return.

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