[Pu by the Case] There are many people's loan routines, and you're wary and be vigilant!

Civil lending refers to the lending between citizens and citizens, between citizens and other organizations. Because it is convenient and fast, and the supervision is small, it prevails in the folk. However, because of many irregular behaviors, there are many "pits" hidden in private lending, and many people have fell to follow and suffered losses.

There are many folk lending routines

Learn relevant legal knowledge with Xiaobian ~

Case introduction

Xiao Gu (pseudonym) and Xiao Wang (pseudonym) are friends. In December last year, Xiao Wang urgently needed a capital turnover, and found a Gu Gu, hoping that the other party would borrow some money to give her and promise to repay the next day. Because the amount is relatively large, it is difficult for Xiao Gu to bear it. At this time, Xiao Wang suggested that Xiao Gu borrowed money through the method of cash out by Huayan and credit cards. Xiao Gu agreed, so he cash out 280,000 yuan on the credit cards, borrowing platforms and Huayan of many banks to Xiao Wang. After getting the money, Xiao Wang did not repay the contract. Under the continuous urging of the inspection, only 46,500 yuan was returned. After Xiao Gu, Xiao Wang complained to the court.

The court believes that the plaintiff's 280,000 yuan that was lent to the defendant Xiao Wang was borrowed through the bank and the financial APP before being transferred. The essence of this behavior belonged to the private loan behavior of the loan transfer of loans to financial institutions, and it should be identified as an invalid contract. Because of the private loan behavior of collecting loans to financial institutions, it not only increases the cost of financing, but also disrupts the credit order. Therefore, my country will severely crack down on law.

Fortunately, the plaintiff Xiao Gu has returned some loans by himself without repayment in this case, and did not generate high overdue interest, and Xiao Wang expressed his willingness to bear cash withdrawal fees and interest. Within 30 days from the date of the judgment, the plaintiff's small money was returned to the plaintiff 233,500 yuan, the cash withdrawal fee was 760 yuan and the interest was 4400.74 yuan.

At present, the judgment has taken effect.

Claim

According to the "Supreme People's Court's Regulations on the Application of Laws on the Application of Civil Loan Cases", the people's court shall determine that the private loan contract shall be invalidated. In this case, if Xiao Wang failed to repay the contract, not only should he face the high interest generated by the overdue of the loan, but also may pay the additional price due to the transfer of loans of financial institutions in violation of the law. Back troops again. Therefore, the behavior of cashing borrowing is urgent, and friends must do their best to borrow money!

Law link

Article 153 of the "People's Republic of China" Article 153 Civil legal acts that violate the compulsory regulations of laws and administrative regulations are invalid.

Article 13 of the "Supreme People's Court on the Application of Laws on the Application of Cases of Civil Loan Cases" shall have one of the following circumstances, the people's court shall determine that the civil loan contract is invalid: (1) the loan of loans to financial institutions.

Article 157 of the "People's Republic of China" Article 157 Civil legal behavior is invalid, after being revoked or determined that the property obtained by the behavior shall be returned; Discount compensation.

risk warning

1

Oral lending is risky.

Speak without. Sometimes the acquaintances have not allowed the other party to issue an debit, and there is a risk of being unable to prove the borrowing intention. Written claims such as lending items shall be reserved, and the borrower and lenders shall be clearly reserved.

2

Cash delivery is risky.

The way to give money must be cautious, and it is difficult to "leave marks" in cash delivery. Sometimes when the familiar world is delivered to a large amount of money in cash, it may fall into the dilemma about the source of the money and the payment of the payment. Payment delivery should be used as much as possible to prove the payment situation such as bank transfer, Alipay or WeChat payment. If you can only be delivered in cash due to special circumstances, it is necessary to keep the sources of cash or witnesses present and ask the borrower to issue a collection.

3

"Borrow" and "use" is not risky.

Sometimes the borrower borrows money and issues a debit for others. It does not require others to issue a creditor's rights. They can only bear the responsibility of repayment. Help others borrow money for free otherwise in the "acquaintance circle". The borrower is not the actual use. Once the use of the contract is overdue, the damage is the interest of the borrower. Be sure to remember who borrows and who borrows and who borrows.

4

There are "guarantees" and risks.

Sometimes, although the borrower holds the real estate certificate of the borrower, the two parties have not went to the real estate registration center to apply for mortgage registration, and the mortgage rights are not established. If the lender accepts the guarantee, it shall be carefully verified and properly set. What provides guarantees, the guarantee person needs to be clear whether it is a general guarantee or a joint guarantee; if the mortgage is provided, the mortgage registration shall be processed; if the pledge is provided, the quality should be transferred.

5

Borrowing is invalid.

Sometimes the borrowers lend the loan items of banks to others to earn interest differences, and the loan contract entered into the two parties is invalid. The borrowing funds shall come from the borrower's own funds. If the bank's credit funds are transferred, the loan contract will be identified as invalid. If the circumstances are serious, they must bear criminal liability.

6

Overdue litigation is risky.

The lender shall sue the court to defend his rights within three years after the agreed repayment period expires or the borrower clearly states that it will be defended by the court within three years. If the time limit for litigation is exceeded, it will face the risk of losing the right to win. Remind the creditors that can retain various evidences to urge debt, such as recording, SMS, WeChat, call records, courier face orders, etc., prove that the rights have been claimed; Time -effectiveness avoids damage to debts. 7

The amount of private lending reaches 3 million.

On May 15, 2022, the 21st meeting of the Standing Committee of the 13th People's Congress of Zhejiang Province adopted the "Zhejiang Local Financial Regulations". The new rules have been implemented from August 1st this year, and Article 18 stipulates that if a private lending has one of the following circumstances, the borrower shall submit the contract and loan delivery voucher within 15 days from the date of signing the contract. The local financial work department of the district or the private financing public service agency it entrusted by the district for the record:

(1) A single loan amount or the cumulative borrowing amount from the same lender reaches more than 3 million yuan;

(2) The principal and interest balance of borrowing reaches more than 10 million yuan;

(3) Cumulative borrowing from specific objects of more than thirty people. The borrower has the right to urge the borrower to fulfill the filing obligations stipulated in the previous paragraph and can also perform voluntarily.

Article 44 stipulates that: In violation of Article 9 of these Regulations, Article 2, Article 18, Paragraph 2 of these Regulations, if a non -governmental financing service enterprise and private lending borrowers do not fulfill their filing obligations or provide false filing materials, the district will be set up by the district. The local financial work department of the city ordered correction within a time limit and punished in accordance with the following regulations:

(1) Feming a fine of 10,000 yuan to more than 30,000 yuan for private financing service enterprises;

(2) If the borrowers of private lending are natural persons, they can impose fines of 10,000 yuan and 50,000 yuan; for enterprises and other organizations, they can impose fines of 30,000 yuan and less than 100,000 yuan.

Source: Zhejiang Pu Law

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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