Well wishers who understand the law help with the problem of private borrowing... The problem is com

The house is immovable property, and the immovable property does not take effect without a registered mortgage, which means that you do not have to bear the guarantee liability. According to the provisions of Article 42 of the Civil Law and the Contract Law, if a party has other acts that violate the principle of good faith and cause losses to the other party, it shall be liable for damages. This is known as "contractual negligence liability".

According to Article 25 of the Guarantee Law, if the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Security Law of the People's Republic of China

31. The guarantee period will not be interrupted, suspended or extended for any reason.

32. If the guarantee period stipulated in the guarantee contract is earlier than or equal to the performance period of the principal debt, it shall be deemed that there is no agreement, and the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.

If the guarantee contract stipulates that the guarantor shall bear the guarantee liability until the principal and interest of the principal debt are paid off, or other similar content, it shall be deemed that the agreement is unclear, and the guarantee period shall be two years from the date of expiration of the performance period of the principal debt.

33. If there is no agreement on the performance period of the principal debt in the main contract or the agreement is unclear, the guarantee period shall be calculated from the date of expiration of the grace period for the creditor to require the debtor to perform its obligations.

If the creditor does not file a lawsuit or apply for arbitration against the debtor during the guarantee period agreed in the contract and the guarantee period specified in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; Where the creditor has already filed a lawsuit or applied for arbitration, the provisions on the interruption of the statute of limitations shall apply to the guarantee period.

The statute of limitations has passed, and the statute of limitations here refers to the statute of limitations for your guarantee liability. You shouldn't be too responsible, and your father's house should be preserved.

Say it in the law: pay attention to yourself in Russia.

Legal analysis: Private lending refers to the act of financing between natural persons, legal persons, and other organizations and among themselves, rather than financial institutions and their branches established with the approval of the financial regulatory authorities. Private lending is a creditor-debtor relationship, which has the following characteristics in law:

1) Private lending is a civil legal act. The borrower and the borrower form a specific creditor-debtor relationship by signing a written loan agreement or reaching an oral agreement, thus giving rise to corresponding rights and obligations. The creditor-debtor relationship is an important part of China's civil legal relationship, and once formed, this relationship is protected by law.

2) Private lending is a contractual act between the lender and the borrower. Whether the borrower and the borrower have formed a lending relationship, the amount of the loan, the subject of the loan, and the term of the loan depend on the written or oral agreement between the borrower and the borrower. As long as the content of the agreement is legal, it is allowed and protected by law.

3) The premise for the establishment of a private lending relationship is the actual payment of the loan. Whether a loan relationship is formed between the borrower and the borrower, in addition to the consistency of the intention of the loan object, amount, repayment period, etc., also requires the lender to deliver currency or other valuable ** to the borrower, so that the loan relationship can be formally established.

Legal basis: Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases When a lender initiates a private lending lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as evidence that can prove the existence of the legal relationship between the lenders. Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it.

The defendant raised a factual defense against the plaintiff's creditor qualifications, and the people's court found that Yu Qiaoshout was not qualified as a creditor after examination, and ruled to dismiss the lawsuit.

1. About the payment method of the loan. For loans of more than 50,000 yuan, it is recommended to pay the money to the borrower by bank transfer and keep the transfer voucher. Due to the increasing number of usury, the court usually requires the creditor to provide proof of payment in order to verify the authenticity of the loan for large loans, and if it fails to do so, it may face the risk of losing the lawsuit.

2. About interest. According to the law, if there is no agreed interest on a loan between individuals or the agreed interest is not clear, it is deemed that no interest is paid. Therefore, in the process of borrowing, if the interest rate of the loan is agreed, it is best to clearly state the calculation standard of interest in the loan contract or IOU.

3. Warranties. There are two types of guarantees: general guarantees and joint and several guarantees, and the form of guarantee may be clearly agreed in the form of written guarantees, and if there is no agreement on the form of guarantee or the agreement is not clear, it is presumed to be joint and several guarantees. For joint and several guarantees, it is necessary to pay attention to the guarantee period, which is the period during which the guarantor bears the guarantee liability loosely, and if the creditor fails to claim rights against the guarantor within the guarantee period, the guarantor is exempted from the guarantee liability.

When the parties sign a guarantee contract, they may stipulate the guarantee period. If the guarantee period is not agreed, the guarantee period shall be six months, and if the guarantee period is stipulated that the lender may request the guarantor to repay the loan at any time, etc., it shall be deemed that the guarantee period is not clear, and the guarantee period shall be presumed to be two years in accordance with the law.

4. About mortgage and pledge. To apply a mortgage to immovable property, it is necessary to sign a mortgage contract and then go to the relevant department for mortgage registration, otherwise the mortgage cannot be established. For movable property to be pledged, it is necessary to sign a pledge contract and then deliver the pledge, otherwise the pledge cannot be established, and if the pledgee no longer occupies the pledge for any reason, its pledge cannot be used against a bona fide third party.

5. Regarding the statute of limitations. The statute of limitations for a loan contract is two years from the expiration of the period for performance of the debt, and if the period for repayment of the loan is not agreed, the statute of limitations begins to run from the date on which the lender requires the borrower to repay the loan. Iwakei.

6. In order to effectively protect their own rights and interests, creditors should do the following before the loan is delivered

Clause. 1. Check the borrower's ID card and ask for a copy of the ID card to prevent the borrower from signing a name that is inconsistent with the ID card; Second, it is best to require the borrower to sign the loan contract and the IOU and affix the fingerprint, because the person's writing habits will change over time, if the loan is long, in the event of a dispute between the two parties, the borrower may raise the defense that the signature is not signed by the borrower, so that handwriting identification is required, in order to avoid this trouble, it is best to require the borrower to sign and press the fingerprint; Third, if the purpose of the loan is to operate or live together as a husband and wife, it is best to require the borrower's spouse to also sign the loan contract to prevent the borrower's spouse from claiming that he is not liable for repayment on the grounds that he or she is not aware of it.

7. The debtor should also pay attention to protecting its own rights and interests, and it is best to recover the original IOU if the loan is repaid at one time. For installment repayment, it is best to repay the loan by transfer, keep the transfer voucher, or ask the lender to issue a receipt.

Hello, if it is clearly written on the loan slip that the borrower has received 30,000, it means that he has received the money.

If you encounter similar problems in the future, you can follow the following ideas to solve them:

1. Finding problems: often living in the world, always in these kinds of contradictions, when some contradictions are projected into consciousness, the individual only finds that he is a problem, and asks to find a way to solve it. This is the stage where the problem is discovered.

From the perspective of the stage of problem solving, this is the first stage and the premise of solving the problem.

2. Analyze the problem: In order to solve the problems found, it is necessary to clarify the nature of the problems, that is, to figure out what contradictions there are, which contradictions, and what is the relationship between them, so as to clarify what results the problems to be solved, the conditions that must be met, the relationships between them and what conditions have been met, so as to find out the important contradictions and key contradictions.

3. Put forward hypotheses: on the basis of analyzing the problem, put forward hypotheses to solve the problem, that is, the solution that can be adopted, including what principles and specific ways and methods to take, but all of these are often not simple and ready-made, and there are various possibilities. However, putting forward hypotheses is the key stage of problem solving, and correct assumptions lead to the smooth solution of the problem, while incorrect and inappropriate assumptions lead to detours or lead the solution of the problem astray.

4. Verify the hypothesis: The hypothesis only proposes n possible solutions, and there is no guarantee that the problem will be solved, so the last step in problem solving is to test the hypothesis. In either case, if the test does not produce the expected result, a new hypothesis must be proposed and tested again until the correct result is obtained, and the problem is not solved.

First of all, if it is already written on the IOU, 30,000 yuan has been repaid, it is equivalent to saying that 30,000 yuan has been repaid, and if there is 70,000 yuan left and has not been bought, it will be postponed for three months, which is equivalent to saying that there is still 70,000 yuan, and it will be postponed for 3 months.

In fact, this is a very complicated sentence, two sentences are incomprehensible, because rural people are forbidden to express men in grammar, and you can't judge it from the law.

Private lending refers to the lending between citizens and citizens, between citizens and legal persons, and between citizens and other organizations, which is different from the financial loans formed between the financial sector and legal persons, between the financial sector and other organizations, and also from the legal person loans formed between legal persons and legal persons, and between legal persons and other organizations. It includes the lending of "money" and the lending of "things", but the borrowing we usually talk about mainly refers to the lending of "money", and the borrowing I am talking about below mainly refers to the lending of "money". Problems with private lending:

a) There are no formalities. 2) The tools for making procedures do not meet the requirements. 3) There is a problem in the writing of the content of the procedure.

4) The issue of custody of IOUs. 5) On the issue of debt repayment. 6) Interest issues.

7) The issue of the statute of limitations. 8) The issue of the effectiveness of private lending. 9) Guarantee issues.

10) Harmfulness. 11) Lender's breach of contract. If the loan slip clearly states that the borrower has received 30,000 yuan, it means that he has received the money.

If you have a clear letter of arrears written by him, you can appeal successfully, and your chat records can also be used as evidence of the arrears between you, and you can also present evidence to the people's court for ruling.

As long as there is an IOU signed by him, the lawsuit can be won. However, private mediation is usually requested before a lawsuit is filed.

There is no big problem in winning the lawsuit with an IOU, but it is also necessary to collect relevant evidence of loan payment, and the key issue is not the judgment, but how to enforce it?

It's easy to say that this has an IOU, so let's go through the legal process quickly.

In private loan contracts, it is the borrower's obligation to pay interest after the contract expires. But often in practice there are many controversies. According to the provisions of the Contract Law:

If the duration of the interest payment is not clearly specified in the contract, the two parties may agree to supplement the agreement after the contract has entered into force. If no agreement can be reached, the interest period shall be determined in accordance with the relevant provisions of the Contract Law.

1) If there is a dispute between the borrower and the borrower on whether there is an agreed interest rate and cannot prove it, the interest can be calculated with reference to the interest rate of the same type of bank loan.

2) If the parties agree on the interest rate standard and there is a dispute, the interest rate standard may be determined within the standard of no more than 4 times the interest rate of the same type of bank loan.

3) In interest-bearing loans, the interest rate may be appropriately higher than the bank interest rate, but shall not exceed 4 times the interest rate of the same type of bank loan, that is, usury shall not be allowed. It doesn't matter if it is more than 4 times (at the current interest rate, 4 times is more than 29 percent), at most if there is a dispute, the court does not protect the excess, but if there is no dispute, you can get a higher profit. This provision is not punitive.

My friend is a lawyer in this area and can refer you to her if needed.

1 All first, see if the repayment period is agreed on your IOU, if so, repay you according to the deadline. If not, you can ask for repayment at any time and give the other party an appropriate deadline. This is a legal requirement.

But the actual situation may be a little responsible, if you use the way of litigation to ask, it may not achieve the purpose of you want to get the money back in time, because the other party can appeal after the first trial, wait for the second trial, wait for the second trial, wait for the execution, at least one or two years.

Therefore, you can negotiate with him according to the actual situation: either he will find a way, even if the loan will repay your money; Either you go for a loan, and he provides a guarantee with his factory, and bears the interest rate on the loan, and you go for a loan. If he is unwilling to do both, then he has no choice but to file a lawsuit, and you will have to compensate the other party for the loss of 1 million during the period.

You talk to your friends and see how it goes.

As long as your format is formal, you can appeal to the court. Of course, going to court is a last resort. You can communicate privately, and you can increase the interest rate on the loan.

The brick kiln factory is very profitable, don't be afraid to ask for more. Interest two cents, three cents, no problem. If you need money urgently for investment, if the profit is not 30%, you can consider this plan.