What should I pay attention to when borrowing money?

The repayment period must be clearly agreed upon when borrowing; If there is no agreement, then the creditor can make a claim for repayment at any time without being subject to the two-year statute of limitations, but if the claim for repayment is not continued within two years after the claim for repayment, it will be deemed to have exceeded the statute of limitations and the law will not support it.

2. A written IOU must be provided.

If they do not have written IOUs or cannot provide them, they should provide the necessary factual basis or the testimony of two or more witnesses who have no interest in them to support their claims. An IOU or IOU is generally presumed to have been paid when it is in the hands of the debtor.

3. The interest rate can be higher than the bank interest rate.

The interest must be clearly agreed, and if there is no agreement, it will be regarded as an interest-free loan. The interest rate of private lending can be higher than the bank interest rate, but the maximum annual interest rate shall not exceed 36%, which is invalid; The court shall support the part that does not exceed 24% of the annual interest rate; If the borrower voluntarily performs the part of the annual interest rate between 24% and 36%, the court will not object to it, and the court will not support the lender's claim.

4. The loan contract for borrowing money to others to engage in illegal activities is invalid.

A typical example of a lender who knowingly borrows money for the purpose of carrying out illegal activities is gambling debts, and its lending relationship is not protected. Illegal lending by both parties may be sanctioned in accordance with relevant laws.

5. If the person in charge of the enterprise borrows money for business operation, the person in charge and the enterprise are jointly and severally liable.

If the person in charge of the enterprise borrows money in the name of the enterprise and issues an IOU, if the loan is used for the operation of the enterprise, he shall be jointly and severally liable with the enterprise; If it is used for personal use, it shall be jointly and severally liable with the enterprise, or shall be liable for repayment separately.

6. Guarantee of loans.

If the guarantee is secured by real estate mortgage, it shall go through the registration formalities with the relevant departments, otherwise it cannot be used against a third party; If the guarantor is guaranteed, the identity of the "guarantor" shall be indicated in the contract, otherwise the court will not recognize the identity of the guarantor.

Borrowers should pay attention to borrowing:

1. If there is no agreement, it will be regarded as an interest-free loan.

2. It is not possible to agree that the interest will be included in the principal.

3. The borrower needs to pay overdue interest for overdue repayment.

Note: Make a written agreement.

Article 4 of the Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts stipulates that when the people's court examines a loan case, it shall require the plaintiff to provide written evidence; Where there is no written evidence, necessary factual evidence shall be provided. Where the above conditions are not met, the ruling is not to accept the lawsuit.

Article 10 of the Contract Law stipulates that the parties shall conclude a contract in written, oral and other forms.

Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.

In accordance with the principle of fairness, the lender's right to the proceeds of the loan should be protected. However, according to the principle of good faith, since the borrower and the borrower have not agreed on the interest issue in the loan contract, this kind of personal loan has the nature of a gratuitous loan to a certain extent. Although it is not conducive to the protection of the rights and interests of lenders, the principle of fairness is more emphasized.

Based on this, it is recommended that the lender must clearly stipulate the interest when signing the loan contract such as IOU and IOU.

The lender is not allowed to add interest to the principal for compound interest. Note that the agreed interest rate cannot exceed the statutory range. The law clearly stipulates that the interest rate of private loans may be appropriately higher than the interest rate of bank loans, but the maximum shall not exceed four times the interest rate of similar bank loans.

Although the Contract Law does not make clear and specific provisions on whether compound interest should be protected, it does not recognize compound interest from the basic principles and rules of the loan contract confirmed by it. Therefore, after the implementation of the law, private lending dispute cases should still be handled in accordance with the requirements of the relevant judicial interpretations, and compound interest should not be recognized and protected.

True friendship requires tolerance. To build a good friendship, you have to make the other person respect yourself in terms of academic (career) or moral character (especially this point, which is the guarantee of a strong friendship). The formation of friendship is often in the flashes of moral character that even they are not aware of.

You need to be zealous, sincere, tolerant, and have basic morals. Eagerness to help others can break down the defenses of indifference between people. Sincerity, on the other hand, can move others.

When a friend is frustrated, you are always the one who stands by his side. Friendship at its highest level is not about being inseparable, but about reaching out to a friend when he needs help. Don't bother your friend when he's immersed in his own world.

Always keep your personal bubble with him (that is, a certain distance). The next step to being too close must be to be too distant. Keep a distance, let the friend have his own space, have him feel that you are always there for him.

The maintenance of friendship depends on a degree.

First of all, the voucher must be kept intact.

No matter what the relationship is, you should write an IOU, if the amount is large, the two parties sign a loan contract, stipulating the repayment period of the loan amount, interest calculation and the consequences of default. Make an agreement in advance to avoid trouble later. Repayments can be reminded before the repayment deadline arrives.

If the repayment period is agreed, remind the debtor to repay the loan before the repayment deadline arrives, and it is best to leave written evidence, such as a text message or a written object.

When a lender lends money to a borrower, in addition to considering the other party's creditworthiness and whether it can be repaid, the following factors should also be considered:

1. Ask the other party about the purpose of the borrowed money

If it is used for illegal activities such as gambling and fraud, not only will the money lent have no creditor's rights, but also may be held legally responsible.

2. Written IOUs or necessary factual evidence:

1. The IOU should indicate the names of both parties, the amount of the loan (capitalized), the time of the loan, the purpose of the loan, the interest rate of the loan, the date of repayment, the liability for breach of contract and other legal contents agreed by both parties. Written IOUs should be kept intact and must not be tampered with.

2. If the IOU cannot be given on the spot, a third party should testify and make up for it afterwards.

3. When repaying, the IOU should be recovered, and it is best for the lender to issue a receipt at the same time.

3. The agreement on interest should be clear and legal:

Article 211 of the Contract Law of the People's Republic of China stipulates that if there is no agreement on the payment of interest in the loan contract between natural persons or the agreement is not clear, it shall be deemed that no interest shall be paid. Where the loan contract between natural persons stipulates the payment of interest, the interest rate of the loan shall not violate the provisions of the state on restricting the interest rate on borrowing.

The interest rate of private lending may be appropriately higher than the interest rate of banks, but the maximum shall not exceed four times the interest rate of similar loans of banks (including the interest rate principal). Interest on the excess portion of the lawsuit is not protected.

Fourth, the lent money should be collected in a timely manner

1. Article 135 of the General Principles of the Civil Law stipulates that the statute of limitations for filing a request to the people's court for the protection of civil rights is two years. Where there is an agreed period for repayment, the statute of limitations is calculated from the date on which the period for repayment is completed. Note: It is not counted for two years from the date of borrowing.

2. If the repayment period has exceeded two years and the creditor has not requested the debtor to repay the loan during this period, the creditor loses the right to win the lawsuit; If the creditor requests repayment and the debtor agrees to repay, the statute of limitations shall be recalculated from the date on which the debtor agrees to repay. To prevent the statute of limitations from being exceeded, the lender can ask the borrower to write out a repayment plan before the statute of limitations expires, and the new statute of limitations can be recalculated from the date of interruption.

3. If there is no agreed repayment period, the lender has the right to urge the borrower to repay the loan within a reasonable period of time according to Article 88 of the General Principles of the Civil Law, which stipulates that "if the performance period is not clear, the debtor may perform at any time, and the creditor may also request the debtor to perform at any time". The statute of limitations for such cases shall be calculated from the date on which the lender discovers that the borrower has obviously attempted to repay the debt and its rights have been infringed, and shall be determined by the maximum statute of limitations of 20 years.

Legal Analysis: Issues to be Noted When Borrowing Money:

1. Lending should be legal.

2. It is best to sign a written agreement.

3. When the borrower fails to repay the loan on time, it should sue in time.

4. Require the other party to provide a guarantee or require a third party with a certain economic capacity to be its guarantor, and the loan with a large amount can also be notarized by a notary public.

5. The interest rate of interest-bearing loans shall not exceed 4 times of the interest rate of similar loans of banks.

Legal basis: Article 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless otherwise agreed upon in the loan between natural persons. The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

I think you have to be sincere when borrowing money from others, or you must tell others about your reasons and where you need money.

As long as the two of you are good friends, I don't think you need to open your mouth to borrow money, just talk to your friends, because friends will help you directly and lend a helping hand when you are in trouble.

But I think it's better to go straight to your own reasons, so that others will willingly give you the money, and then promise to return the money to others.

1. It must be written down.

Selling a loan between the years is a contractual act, and all transactions should be made in writing, and the IOU is more intuitive and convenient than the loan contract. If the borrower is an enterprise legal person or is involved in professional acts, the person in charge shall indicate his identity to indicate that he or she is borrowing money for himself or on behalf of an enterprise, and clarify his or her repayment responsibility. If the borrower and his wife borrow money together, they shall be required to sign the loan contract or IOU together.

2. The interest agreement should be legal.

Interest may be agreed upon for private lending, but the agreement on interest must comply with the provisions of the law. It is difficult for the court to support the oral agreement, and the interest rate shall not exceed four times the interest rate of the same type of loan (that is, the benchmark interest rate of the same grade loan announced by the People's Bank of China at the time of the loan), and the excess part is not protected by law.

3. Be sure to transfer money by bank transfer.

In actual lending disputes, it is common to see difficulties in adducing evidence caused by cash delivery. Whether it is to deliver the loan, or the borrower pays interest and returns the loan, try to take the bank transfer and remittance method, and keep the bank remittance receipt.

4. If the guarantee is involved, it is necessary to pay attention to the relevant procedures.

The mortgage must be signed in writing and the mortgage must be registered. The pledge of movable property should ensure that the owner of the pledge is the borrower himself and that it should be actually delivered. Special attention should be paid to the grasp of the guarantee period, and once the guarantee expires, the guarantor will be out of insurance.

In addition, special attention should be paid to the fact that if the guarantor signs at the sign at the bottom right of the IOU, the identity of the guarantor should be indicated before his signature, otherwise it is likely to be regarded as the borrower.

5. Keep in mind two numbers, "two years" and "20 years".

The two-year statute of limitations applies to private lending disputes. If the contract or loan agreement stipulates a repayment period, the lender shall claim its rights within two years after the expiration of the repayment period; If there is no time limit for repayment, the lender shall not claim its rights against the borrower for more than 20 years, which shall be counted from the date of issuance of the IOU.

6. The following types of loan contracts are invalid and will not be protected: Peiling.

Enterprises illegally raise funds from employees in the name of loans;

Enterprises raise funds from the public in the name of loans;

Enterprises issue loans to the public in the name of loans;

Where the lender clearly knows that the borrower is borrowing money for the purpose of illegal activities, the lending relationship is not protected;

Loans that are harmful to social order and good customs, such as "youth loss expenses" and "breakup expenses" arising from illegal cohabitation and improper sexual relations, are not protected.