How to write a loan is effective

With the development of China's market economy, people's living standards are increasing. The mutual borrowing between the people is becoming more and more common. The amount of borrowing is getting higher and higher, and the disputes arising from it are increasing. In such disputes, the evidence provided by the creditor to the court often has only one “debit” which is legally referred to as “lonely”, that is, there is no other evidence to support each other. Therefore, how to write a loan in private borrowing needs to pay attention to some matters.

First, when borrowing, it is advisable to write "debit" and should not write "not owed"

Both the borrower and the debt are a kind of evidence of creditor's rights and debts, but there is a big difference between the two. The debit is a written evidence of the borrower’s loan to the lender, which proves that the two parties have established a loan contract relationship, which is a settlement basis for the settlement of the two parties based on previous economic transactions. It is actually the past economic exchanges between the two parties. Settlement, which only represents a pure creditor-debt relationship does not represent a loan contractual relationship. Therefore, it is advisable to write “debits” when borrowing, and not to write “debt” to save the burden of proof in explaining the reasons and use of “ow”.

2. The interest rate agreed by both parties at the time of borrowing should be included in the loan.

In practice, many creditors misunderstand that private loans cannot charge interest, so interest is only verbally agreed and not written into the loan. In fact, the law stipulates that private borrowers can agree on interest within four times the bank's interest rate for the same period. The legal basis is as follows: Article 6 of the Supreme People's Court's "Several Opinions on People's Courts' Trial of Loan Cases": The interest rate of private lending may be higher than the bank's interest rate but the maximum shall not exceed four times the bank's loan interest rate for the same period. protection. Article 211 of the Contract Law stipulates that: the loan contract between natural persons does not pay interest on the payment of interest or the agreement is not clear. The loan contract between natural persons stipulates that the interest rate of the loan for paying interest shall not violate the state's regulations on restricting borrowing. If the interest rate is not included in the debit, the lender will not be able to obtain the support of the court, and the lender’s interest request will not be supported by the court.

3. When borrowing, it is advisable to write the repayment period into the loan

Borrowing is protected by law within the statute of limitations. In practice, many lenders often do not know the concept of “lawsuit of statute of limitations”. The theoretical circles have different understandings of the statute of limitations for borrowings that have no agreed repayment term. Some people argue that the application of the two-year statute of limitations also advocates the application of 20-year statute of limitations. The local courts have different grasps on this issue.
Therefore, from the perspective of safe recycling of creditor's rights, it is advisable to write the repayment term into the loan when borrowing. If the borrower fails to return the loan within the time limit, the lender shall claim the right within 2 years after the loan expires.

4. When borrowing, the borrower should write out the full name of the borrower’s borrower.

In practice, the borrower and the borrower often have a close relationship and no relative relationship. When borrowing, the daily customary title is written into the borrower. For example, the borrower is written as “Zhang Shu” and “Zhang Xiong” and the borrower is written as “A3” and “four”. Sisters and the like, in case the borrower overdue the lender, the borrower thinks that the court will sue the borrower often because the debtor and the debtor are unclear and are rejected by the court.

5. Borrowings should be clearly stated and unambiguous.

The more typical case is that Zhang San borrowed 100,000 yuan from Li Si and issued a loan to explain the loan of 100,000 yuan. A few months later, Zhang San returned to Li 10,000 yuan, and the original borrower tore Zhang San re-issued a loan for Li Si: "Zhang Sanyuan borrowed 100,000 yuan from Li Si and still owes 10,000 yuan." The word "return" here can be understood as "return" and can be interpreted as "still owed" and "still owed". The resulting controversy is very unfavorable to the lender.