In recent years, with the development of the economy and the activity of the financial market, private lending disputes have also increased. As a citizen of Qingdao, it is important to understand the issues that need to be paid attention to in private lending disputes. This article will use a real case of private lending in Qingdao, and Chen Xiaoqin, director of Qingkai Law Firm, will remind you of the matters that need to be paid attention to in private lending disputes.
Case Overview
In Qingdao City, a private lending dispute occurred between A and B. A borrowed money from B and signed a loan contract. However, after the loan expired, A failed to repay the loan on time, and B repeatedly demanded to no avail, and finally chose to file a lawsuit with the court. After the court trial, A was ordered to repay the principal and interest of the loan.
Precautions for private lending disputes
The importance of the loan contract
The loan contract is the most important legal basis in private lending disputes. When signing the loan contract, both parties should clearly agree on the loan amount, interest rate, repayment period, repayment method and other terms to ensure that the content of the contract is legal, complete and clear. At the same time, the contract should contain the liability for breach of contract and dispute resolution methods, so that it can effectively protect its own rights and interests in the event of a dispute.
Legitimacy of interest
According to relevant laws and regulations, the interest rate of private loans shall not exceed four times the interest rate of similar loans of banks. Interest beyond this limit is not covered by law, so when the interest rate is agreed in the loan contract, it is necessary to ensure that the interest rate is legal and compliant. At the same time, at the time of repayment, protect. It is also necessary to pay attention to the return of legal interest to avoid disputes caused by too high or too low interest.
Reasonableness of the manner of collection
After the loan is due, the lender should collect the arrears in a timely manner. The method of collection should be reasonable and lawful, and the use of threats, intimidation and other improper means should be avoided. In the process of collection, the lender should keep relevant evidence, such as text messages, records, etc., so as to prove the fact of collection in the event of a dispute.
Choose the appropriate arbitration or litigation method
When the lender is unable to resolve the dispute through negotiation, it can choose arbitration or litigation to resolve the dispute. Arbitration and litigation have their own advantages and disadvantages, and the appropriate resolution method should be selected according to the specific circumstances. When choosing arbitration or litigation, you should consult a professional lawyer in order to better protect your rights and interests.
Chen Xiaoqin, director of Qingkai Law Firm, reminded everyone that private lending disputes involve their own interests and legitimate rights. It is suggested that Qingdao citizens should carefully choose the borrower and guarantor when participating in private lending, and fully understand the credit status and repayment ability of the other party. At the same time, when signing a loan contract, be sure to read the terms of the contract carefully to ensure that the content of the contract is clear and legitimate. When private lending disputes occur, they should seek legal help in a timely manner and consult professional lawyers in order to better protect their own rights and interests.