Private borrowing cases, private lending cases

1. Private lending cases are the type of cases that are accepted by the court and formed due to disputes between private entities over capital lending.

2. Private lending cases are cases formed by disputes between natural persons, legal persons, and other organizations and between them in the process of capital lending. It reflects the type of civil case arising from the lending of funds between private subjects. However, disputes arising from the issuance of loans by banks, credit cooperatives and loan companies approved by the state are loan contract cases, not private lending cases.

Provisions of the Supreme Court on the Trial of Private Lending Cases

Article 1 The term "private lending" as used in these Provisions refers to the act of financing between and among natural persons, legal persons and other organizations.

These Provisions shall not apply to disputes arising from the issuance of loans and other related financial services of financial institutions and their branches established with the approval of the financial regulatory authorities to engage in loan business.

If the other creditor has a debt before you, you should repay the debt first. However, there are many false lawsuits made in order to avoid debts, so it is recommended that you find a local lawyer and let people take a look at it carefully. If there is evidence to prove that the other creditor and the debtor colluded to make a false lawsuit, you can apply to the court to find the original mediation agreement invalid, and then you can apply for enforcement.

If you still have questions, you can ask and be satisfied!

It's hard to say about this matter, because after all, there are cases where the High Court overturned the case, and no one can determine the result without knowing the detailed process, and even if there is a detailed process, the person who answered your question is not a judge after all, and no one will know the final result. However, since the original verdict was upheld in the second instance, the chances of the other party overturning the case are not very high.

China implements the BAI second-instance final adjudication system. The second instance is the final result, but if the second instance is true

If there is a mistake, then you can apply to a higher court to appeal, and in this appeal, the result of the second instance must continue to be enforced, because the judgment has already taken effect. The significance of the appeal lies in the fact that if the other party really finds that the second instance is at fault or has new evidence, then it can appeal.

Usually there is not much chance, but it depends on what case you have.

1.Lack of integrity.

Lack of integrity is the most important cause of private lending disputes. The main embodiment of the lack of integrity in lending is: first, before borrowing, he knew that he had no ability to repay, but falsely reported his economic ability to achieve the purpose of borrowing; Second, the borrower does not use the loan according to the purpose of the loan, but lends it to others or uses it for high-risk investments such as **, gambling, or gambling; the third is to deceive the borrower into borrowing money and set a repayment period that he cannot fulfill his repayment obligation on time; Fourth, they do not repay the arrears when they are due.

2.Loss of ability to repay.

This is another major reason for private lending disputes. Especially in times of financial turmoil or economic crisis, it is quite common for borrowers to invest a large amount of private financing in relatively large projects, such as mining, real estate, shipping, etc., once the economic situation changes, the capital chain is broken, the risk rises sharply, and the ability to repay is gradually lost.

3.Lenders chase high profits.

The lender only considers the high profit in the form of much higher interest than the bank deposit in the same period, and does not consider the borrower's ability to repay, resulting in the principal and interest not being repaid.

4.There are no guarantees and no collaterals.

There is no corresponding guarantee or collateral, so that the borrower does not repay the loan.

5.The borrowing documents are not standardized.

The loan documents are not standardized or there is no document at all, resulting in vague and inaccurate meanings, unclear interest agreements, non-standard writing of the names of the borrower and the borrower, and the IOU is not written by the borrower himself, and it is difficult to prove whether the loan fact exists or not.

There is nothing you can do about the house, but you can change the person subject to execution, change it to his wife, and pay it back with common property. You can't enforce it against your children, and you have to notify the person subject to enforcement if you go through the enforcement procedure, and you don't need his consent, as long as the court makes a ruling. If it complies with the provisions of the law, it will be directly deducted, and if there is really no property to enforce, the enforcement can be suspended, and the enforcement will be carried out when there is property.

1. Compulsory enforcement measures may be taken against the real estate in accordance with the law; If the person subject to enforcement does not have other housing, it is only necessary to arrange the corresponding rental housing for the person subject to enforcement.

2. If the property in the name of his wife and children can be confirmed to belong to the person subject to enforcement, it can be enforced in accordance with the law.

It usually takes six months. According to article 149 of the Civil Procedure Law, a case tried by a people's court applying the ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Cases applying the special procedures shall be concluded within 30 days of the date on which the case is filed or within 30 days after the expiration of the public notice period (voter list cases must be concluded before the election); In appellate cases, a final judgment shall be made within three months of the date on which the case is filed; Where there are special circumstances that require an extension of the above time limit, it is to be reported to the president of that court for approval.

1. Time limit for trial of criminal cases: People's courts hearing public prosecution cases shall announce the verdict within two months of accepting the case, and must not exceed three months at the latest; After the second-instance people's court accepts an appeal or prosecutorial counter-appeal, it shall complete trial within two months;

In cases of major criminal groups, major and complex cases of wandering crimes, and major and complicated criminal cases in remote areas where transportation is very inconvenient, the trial time limits for the first and second instance may be extended by three months or two months upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality.

2. Time limit for trial of administrative cases: The people's court shall make a first-instance judgment within three months from the date on which the administrative case is filed, and where there are special circumstances that require an extension, the high people's court shall approve it; Where a high-level people's court needs to extend the time limit for trial, it is to be approved by the Supreme People's Court; In the case of an appeal, a final judgment shall be rendered within two months from the date of receipt of the appeal petition.

Purely from the perspective of legal provisions, the ordinary procedure is concluded within 6 months, and the special circumstances can be extended by 6 months.

Practical Operational Questions:

If the defendant cannot be served, it will take 60 days to announce the litigation materials and **time, and it is generally the 63rd day**. ** After the court makes a judgment, it will be 60 days for the announcement of the judgment and 15 days for the appeal period (30 days for foreign-related appeals). In this way, it has been four months just by making an announcement.

If the defendant raises a jurisdictional objection, the defendant may appeal the jurisdictional objection after the objection is ruled to be rejected for at least two months.

The defendant came to respond to the lawsuit, but the case was complicated, and it took many trials, and I don't know how long it would take.

In short, there are always discrepancies in practice.

The above answers are only personal opinions for the subject's simple reference.

If it is fast, it will take 2-3 months, and if it is slow, it will be more than 3 months.

Bigger.

According to article 198 of the "Civil Procedure Law of the People's Republic of China": Where the presidents of all levels of people's court discover that there are truly errors in that court's judgment, ruling, or mediation document that has already taken legal effect, and find that a retrial is necessary, they shall submit it to the adjudication committee for discussion and decision.

The Supreme People's Court has the right to bring to trial or order a lower people's court to retry a judgment, ruling, or mediation document of a local people's court at any level that has already taken legal effect, or a higher people's court to a lower people's court's judgment, ruling, or mediation document that has already taken legal effect. Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial.

Article 10 of the Civil Procedure Law stipulates that the people's courts hearing civil cases shall implement the two-instance final adjudication system in accordance with the provisions of the law. The so-called two-instance final adjudication system refers to a system in which a case is concluded after being tried by two levels of people's courts.

Generally speaking, the second instance is the final trial.

If the second instance is concluded, you may directly apply for enforcement.