My friend owes me money, an IOU, and five cents of interest. How to recover?

First of all, since the interest is not stated on the IOU, the court will not support it, but you can complete this evidence, talk to a friend who owes you money if you can, or talk to the guarantor, and record the conversation as evidence.

Second, if the court asks for interest, but the legal part cannot exceed 4 times the bank's interest rate for the same period.

There are three ways for creditors to get their money back:

First, negotiate directly with the debtor and reach a private agreement to require the debtor to fulfill the repayment obligation;

Second, find an intermediary to mediate and reach a written repayment agreement or direct repayment;

Third, according to the IOU issued by the debtor, go directly to the court to sue and require the debtor to fulfill the repayment obligation.

Hello, the interest five points is 5% per month, no, the interest five points is obviously more than four times the bank interest rate, the excess part is not supported, there is no excess part, because there is no agreed interest on the IOU, and it is difficult to claim, but the interest of 1500 yuan per month has been paid in the early stage, so the part that does not exceed four times the bank interest rate can also be fought for.

The above is only a preliminary and my own personal opinion based on the information you have provided.

Hello, if there is no agreement on interest, the interest can generally be claimed from the date of request, and the interest is calculated according to the loan interest.

It is advisable to actively appoint a lawyer to provide legal assistance.

If you owe money to repay the debt, the court will support it, but the interest rate of five cents, which is obviously three times higher than the interest on the state loan, will not support it.

Hello, interest will not be supported, because there is no agreement on the IOU that it is an interest-bearing loan.

The IOU does not indicate interest, and the people's court is not expected to support it.

A lawsuit can be filed in court, but additional evidence needs to be presented.

1. What should I do if I hate debt and have no evidence?

If the debt is not paid and there is no evidence, a lawsuit can be filed in court, and the IOU is only a kind of evidence. Even if there is no IOU, the debt can be recovered if there is other evidence to prove one's claim. In the absence of an IOU, you can support your claim by providing evidence such as witness statements, audio recordings, text messages, chat logs, proof of payment, etc.

In your case, you can negotiate with the borrower to confirm your creditor's rights and debts through filing or other filing methods, or urge the other party to sign and confirm in writing.

2. How to sue for debt disputes.

First of all, it is necessary to prepare a complaint and prepare the materials to be collected, including the original complaint, proof of the parties' qualifications, evidence of the court's jurisdiction, and other evidence such as contracts, creditor's rights documents, etc. Finally, a lawsuit was filed with the people's court at the place where the defendant was domiciled. After receiving the complaint, the court will conduct a review and accept the complaint immediately if it meets the conditions for acceptance, and after completing the formalities for filing the case, the people's court will issue a notice of acceptance to the creditor.

After that, the following links are ** trial, court judgment, and execution of judgment. The above is the whole process of litigation for debt disputes.

3. What legal procedures should be taken to sue others to repay the money.

1. To file a lawsuit with the court of the debtor's habitual residence or household registration, the materials required are: indictment, list of evidence, and ID card.

2. After reviewing your information, if the conditions for filing a case are met, the court will issue a Notice of Case Filing and inform you of your litigation rights and obligations.

3. After the case is filed, it will be transferred to the specific economic magistrate according to the circumstances of the case.

4. The judge issues a Notice of Defense to the defendant.

5. **Trial. Verdict was rendered after the trial.

6. If the defendant fails to perform its obligations, it may apply to the court for compulsory enforcement.

Civil Code of the People's Republic of China

Article 667:A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668:The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669:When concluding a loan contract, the borrower shall, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.

Private lending is a civil act and is subject to the constraints and protection of civil law and contract law.

However, according to Article 211 of the Contract Law, "if the loan contract between natural persons stipulates the payment of interest, the interest rate of the loan shall not violate the relevant provisions of the state on restricting the interest rate of the loan".

At the same time, according to the relevant provisions of the Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts, "the interest rate of private loans 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". Therefore, the principal amount of private loans is protected, and the interest rate that does not exceed four times the interest rate of the same type of bank loan is also protected by law, while the excess part is not protected by law.

The benchmark interest rate for the same period refers to the benchmark interest rate announced by the bank, such as 1 year, the benchmark interest rate is about, 4 times is 22%, that is, more than 22% is the usury recognized by law.

1. Private lending is risky, and your situation is normal;

There is a stipulation in China's law that the interest on private loans shall not exceed four times the interest rate of bank loans in the same period. Accordingly, your 30% annual profit is exceeded. Exceeding the law does not mean that it is illegal, as long as both parties agree, the law does not interfere.

The law does not protect the excess, that is, you can only get about 24% of the annual profit. That is, within 4 times, the law is protective. If you have an IOU and proof of transfer or withdrawal, you will generally win the lawsuit as long as you sue it.

If you don't have money, you're sueing, and the other party doesn't have the money to pay you back, so it doesn't make much sense to sue.

The purpose of our lawsuit is to get the money, even if we can't get it temporarily, we must also have a legal protection. The statute of limitations for private lending is 2 years, that is, the other party does not repay the money when it expires, and when you do not sue for more than 2 years, the law will not provide compulsory protection, which is very important and must be paid attention to.

A suggestion.

: If the other party can't repay the money temporarily, you can re-enter into a new repayment agreement with the other party, so that the 2-year statute of limitations will be recalculated, and it will not be calculated until the next repayment period agreed by both parties has arrived, and the time is also 2 years. In this way, you are also benevolent (and helpless), your rights are also protected by the law, and at the same time, you are given enough time, and both parties do not tear their faces, which is good for you to ask for money.

Asking for money by going to court is a bad strategy, and when the time comes, the other party will not cooperate at all, and it will be even more difficult to ask for this money.

If you lend a friend 500,000 yuan and agree on a three-cent interest, and your friend can't pay it back now, you can file a lawsuit with the people's court in accordance with the law and claim repayment.

After the judgment of the people's court, you can apply to enforce their property.

If the property of the person subject to enforcement does not reach the enforcement payment, the court may suspend the enforcement and resume the enforcement when the enforcement is available.

Guangzhou lawyer Guan Dongping:

Go through the court first.

Three cents of interest is usury. Let's find someone to negotiate, if it really doesn't work, we can only meet in court.

Go to negotiate first, look at the repayment date, and tell him that if you can't fulfill your performance, you will take legal means (sue), and the result is the same, you must return it; For your friend, even if he really goes to the legal route in the future, it is his fault, and he has a good reputation in the circle of friends, and in the end he will sue for default, and you will do your best to be benevolent.

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This is a high risk, consult a lawyer.

Taking the arrears to the court to sue is beyond the scope of interest prescribed by law, and the state does not protect it.

Why are you so stupid to borrow money without asking me.

According to the actual situation, the interest rate agreed by the borrower and the borrower does not exceed 24% per annum before it is protected by law. So borrow 50,000 yuan, the interest is 2 cents, you can borrow.

Article 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Where the borrower and the borrower have not agreed on interest, and the lender claims to pay the interest during the loan period, the people's court shall not support it.

Where the agreement on interest in loans between natural persons is unclear, and the lender claims to pay interest, the people's court will not support it. Except for loans between natural persons, where the agreement between the borrower and the borrower on the loan interest is unclear, and the lender claims the interest, the people's court shall consider the content of the private lending contract and determine the interest based on factors such as the local or the parties' transaction methods, trading habits, and market interest rates.

Article 26: Where the interest rate agreed upon by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.

If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement on the excess part shall be invalid. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.

You can borrow, this is a private loan, the IOU only writes how much money is lent, and the interest is recovered from the principal first. If you don't feel at ease, then go for a notarization. The repayment period of private loans should not exceed 3 years, and the time for non-repayment should be 3 years.

Summary. Dear, the question you consulted, I have seen that if you lose 5 points of interest, more than the law, 36% is usury, and the borrower does not have to repay, if it is more than 24%.The borrower said that you can only use the principal to repay, if the interest is normal, you can sue him and let him repay, I hope mine is helpful to you.

I have lent out money with 5 cents of interest The loan contract says 5 cents of interest, and the borrower is not paying back now, and I want to sue him. Now all I have to ask to be able to pay me.

Relatives and friends, the question you consulted, I have seen that if you lose 5 points of interest, more than the law stipulates that 36% is usury, and the borrower does not have to repay, if it is more than 24%.The borrower said that you can only use the principal to repay, if the interest is normal, you can sue him and let him repay, I hope mine is helpful to you. 

However, your 5 cents of interest should belong to usury, you sue him, the court can Xun Youye directly sentence him that the principal interest does not need to be repaid, this suggestion is that you shout to negotiate, let him repay the principal, so that you do not lose. <>

Thank you! I should answer for you, give a 5-star thumbs up. 

I want the principal, and he said that you are a usury, illegal, but you don't pay it back?

This dear, you have to go to the sale and demolition negotiation to solve it, or you can get back a little bit, your one is not protected by the law, even if he doesn't pay it back, you can't do it like a <>bridge

Isn't legal protection part of protecting bank interest? It's just that the excess is not protected by law, right?

Didn't you say you said you lent money with 5 cents interest?

The interest was not paid, and the principal was not paid.

Dear, haven't you given this once? If so, you can sue, he returned the principal, as long as he has not repaid it once, you can get the principal back, dear, I suggest that you try to lend money in the interest regulations protected by the state in the future, so that you can also save a lot of trouble and sue a lot of fierce death. Split the branches

Only a few times the interest was given, and the principal was not given at all? It's been about two years, quick.

Now the arrears are really uncle, alas, if you sue, you can have a better attitude, you can return him the interest, and recover the principal.

After all, your 5 points of interest is really too high, but only a few times to travel the interest, you can sue for a refund of the excess interest and recover the principal. <>

Xinchen does it, then our principal is also slippery balance is hard money, although you are not right at the beginning. It's obvious that he's a scoundrel.

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