When Private Lending Disputes Happen, It Is Hard To Get Money.

Before the festival is a high demand for debt, private lending is not easy to solve.

17, the second municipal intermediate people's court held a press conference on private lending disputes in recent years.

Su Liying, vice president of the hospital, introduced that private lending has been increasing year by year.

Borrowing occurs mostly between relatives and friends, because it is not easy to write a loan, but it is hard to get money after a dispute.

According to statistics of the second middle court, there were 1207 cases of private lending disputes accepted by the second middle court of Beijing from 2013 to 2014, and 315 cases were accepted as of December 15th this year.

Judging from the number of cases accepted, the trend has been increasing year by year.

Su Liying, vice president of the second middle school, said that private lending mostly happened between relatives and friends.

Over the past 4 years, about 50% of private lending disputes happen between friends each year, about 10% of them occur among relatives, and about 5% of them occur among former lovers.

In order to avoid disputes, the three Court judges gave advice to lenders and borrowers.

For the lender, the judge suggested that the loan should be kept well, and the debit is an important voucher for claims.

The promissory agreement should be detailed and clear.

The name of a person can not be identified with nicknames, loan amount, repayment time is "after demolition", "Mid Autumn Festival before and after" and other agreements are not clear, the court may make a judgment against the lender in accordance with the law.

"We must keep good evidence when borrowing money, otherwise we will face the risk of not paying back the debt."

Su Liying said that the loan is an important certificate of claims, and the loan should be issued to the borrower.

"While some lenders are friends, lovers or kinship on the basis of their friends, they are not allowed to write borrowings by borrowers because of their feelings. If there is any dispute, they will not get the support of the court without repayment of their debts.

Aiming at

The judge suggested that it should not be easy to write IOUs.

Without borrowing facts, writing IOUs to others will make them face the dedication without borrowing.

In addition, the repayment of loans should be recovered at the same time. "If the loan is not recovered in time, there will be an opportunity for individual lenders to see the gains and losses."

Basic case: Jia said that in March 12, 2010, he pferred 100 thousand yuan to Yang by way of bank pfer. After repeated pressing, Yang refused to repay, so he appealed to the court.

For support

Jia submitted a bank pfer voucher to the court.

Yang argued that the loan was not a fact, but that Jia had to repay his loan.

I never borrowed money from Jia.

Referee's result: the court heard that in the case, Jia could not provide written materials such as IOUs, loan contract, loan debit, IOUs, and so on. The evidence submitted by Jia could only prove that there was capital exchange between the two sides, which was not enough to prove the nature of the money involved. Therefore, the evidence submitted by Jia was insufficient to prove that there was a loan contract relationship with Yang.

Therefore, the final appeal dismissed Jia's prosecution.