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Can private lending be listed as a defendant?

Edit: Luo Ye Law Source: Luo Ye Law 2018-01-12 11:46

1. Can private lending be listed as a defendant?

Article 53 of the Supreme People's Court's Opinions on the Application of Certain Issues Concerning the Civil Procedure Law of the People's Republic of China states: "After a lawsuit brought by a contractual dispute, if the creditor claims the rights together with the guarantor and the guarantor, the people's court shall The guarantor and the guarantor are listed as co-defendants: if the creditor only sue the guarantor, the people's court shall notify the guarantor as a joint defendant to participate in the lawsuit, except that the guarantee contract expressly stipulates that the guarantor bears joint and several liability; the creditor only sue the guarantor, but only the guarantor The guarantor is the defendant."


Second, what should be paid attention to in the debt investigation

(1) Prosecution of debt disputes and attach importance to the statute of limitations.

Article 135 of the General Principles of the Civil Law of China stipulates: "The period of limitation of action for the protection of civil rights from the people's court is two years." Article 140 stipulates that: “The limitation of action shall be interrupted by the filing of a lawsuit, the request of one of the parties or the consent of the performance of the obligation. From the time of interruption, the period of limitation of the law shall be recalculated”. To this end, creditors should pay full attention to this point, otherwise the time limit will be lost and the creditor will lose the protection of the law.

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