Financial markets are a place to allocate resources, from surplus to deficit. Now life is getting better and better, people have more surplus funds, many people through private loans to make their own funds available. The phenomenon of private lending is more and more frequent, but the ensuing disputes are also more and more. How to avoid economic disputes in borrowing and how to protect the creditor’s legitimate rights and interests? Let me give you a few tips.
The law clearly stipulates that only legal loan relationship can be protected by law. If the creditor knows that the borrower borrows money for gambling, fraud, drug trafficking, drug taking and other illegal activities, but still gives the loan, the national law does not protect, the creditor not only cannot get the creditor’s rights, but also will be subject to civil, administrative and even criminal law sanctions.
Sign a loan agreement
In real life, some creditor often is because the other side is close friend, hinder at face or be out of trust, when borrowing, did not issue written evidence, once borrower denies, creditor is protected creditor’s rights very hard. Even if the creditor to the court, will be unable to prove the outcome of the loss. Accordingly, lender must conclude written loan agreement with borrower, and should reflect loan money in the agreement kind, amount, time, utility, deadline, interest rate (the interest that signs should be in the limits of legal protection), reimbursement means, guaranty and the clause such as responsibility of breach of contract, sign sign sign, both sides holds one each, proper save.
Timely collection of loans
According to article 135 of the general principles of the civil law, the limitation period for creditors to apply to the people’s court for creditor’s rights protection is 2 years. If borrow 2 years to pass again after expiring, creditor cannot prove period once urge to collect, law does not grant protection. In order to prevent the limitation of action from exceeding, the creditor should ask the borrower to write the repayment plan before the limitation of action expires, and the limitation of action can be recalculated from the new repayment period. If the date of repayment is not stated, the maximum limitation of action can be 20 years.
Use the law to collect debts
If the borrower is not creditworthy and runs away from the debt, the creditor should not take excessive illegal actions such as seizing hostages and robbing goods, which will often make their gains more than their losses. Therefore, it is necessary to calm down and prepare evidence for legal protection. In particular, when preparing evidence, it is necessary to bear in mind that for a large amount of loan (more than 50,000 yuan), the delivery of funds must be transferred through the bank, and the creditor should keep the relevant notes to show that the contract signed by the creditor and the borrower is effective.
If you have any loan requirements,
You can also harassment cute xiaobian at any time, add her as a friend, can get more private privileges, daily benefits oh!