With the market boom and frequent exchanges, the relationship between private creditor's rights and debts is increasing. So what kind of credit and debt relationship is protected by law? How to protect the legitimate rights and interests of citizens? The processing experience of the account company is:
1. If the loan does not stipulate the repayment period, the creditor may make a repayment claim at any time, and is not subject to the limitation of the statute of limitations for two years. However, if the claim is not continued within two years after the repayment proposal is made, it shall be regarded as exceeding the statute of limitations, and the law shall not support it. .
2. The plaintiff claims that the creditor's right must provide written evidence; if there is no written evidence or cannot provide it, he shall provide the necessary factual basis or witness testimony of two or more persons who have no interest in himself to support his claim. The debt or debit is presumed to have been paid in the debtor’s hand.
3. The interest rate of private lending may be higher than the bank interest rate, but the maximum shall not exceed 4 times the bank interest rate (including the interest rate). Exceeding this limit, the excess interest will not be protected according to law. The lender may not take interest into the principal for high profits. In the trial, the borrower finds that the interest is included in the principal to calculate compound interest, and only the principal is returned. If both the borrower and the lender have disputes over the agreed interest rate and cannot prove it, they can refer to the bank's similar loan interest rate. Regular interest-free lending between citizens, the lender asks the borrower to pay the overdue interest, or the uninterested interest-free loan is not repaid; if the lender asks to pay the interest after the reminder, it can refer to the interest rate of the bank's similar loan.
4. If the lender knows that it is borrowing for illegal activities, its loan and loan relationship will not be protected. The illegal borrowing behavior of both parties may be sanctioned in accordance with relevant laws.
5. If the actor in the name of the borrower issues the loan on his behalf, the borrower does not recognize it, and the actor cannot prove it, the actor shall bear civil liability. If the loan is used for the husband and wife to live together, the husband and wife will jointly repay it.
6. During the period of partnership, if the individual borrows in the name of the partnership organization and is used for partnership business, the partner shall jointly repay it; if the borrower cannot prove that the loan is used for partnership, the borrower shall repay it.
7. If the mortgage of the loan involves real estate, it is necessary to go through the registration formalities with the relevant department to fight against the third party.
8. If the creditor's rights document handles the notarization that can be enforced, it can go directly to the enforcement procedure without a court hearing.
9. The guarantor must claim rights within 6 months after the repayment period expires. If it expires, the guarantor generally does not assume the guarantee responsibility.
X. In order to extend the statute of limitations, the postal “Express Mail” can be used to continuously send the recovery letter. The mail receipt must indicate the contents of the mail, such as “Request for repayment of 10,000 yuan” and “Request the guarantor to assume the guarantee responsibility”. letter".
The account company accepts the national personal debt collection business entrustment: through legal means and through the 快播电影天堂在线观看成人电影 assistance to individuals to handle various debts and debts, find missing debtors, find escape debtors, inquire about debtor hidden assets, deposits and property transfer; The implementation of debtor deposits and investments, the entrusting parties to the public security organs to investigate and deal with, the legal proceedings of the agent and the application for enforcement; in the credibility of the first, the principle of integrity first, is committed to solving problems for you!