Pay attention to the following matters when borrowing money.
1. Judge whether the other party has the repayment ability, verify the debtor's economic status and understand its credit status. For those who are dishonest and lack repayment ability, they cannot borrow money easily. Otherwise, even if you win the lawsuit, you can't recover the arrears. Pay attention to keeping relevant evidence. Private lending mostly occurs among relatives, classmates, colleagues, neighbors and acquaintances. Out of mutual trust and goodwill, a considerable part of them are oral agreements, without any written evidence and loan contracts. Attention should also be paid to keeping copies of the debtor's ID card, residence permit, household registration book, real estate license and driver's license.
2. the Supreme People's Court's opinion on the people's court's trial of loan cases: "When a lender brings a lawsuit to the people's court, it shall provide receipts, receipts, IOUs and other creditor's rights certificates that can prove the legal relationship between loans and loans. If the creditor's rights certificate held by the parties does not specify the creditor, the people's court shall accept the defendant's claim capital and compensate the plaintiff. If the people's court considers that the plaintiff is not qualified as a creditor after trial, it shall rule to dismiss the prosecution.
3. However, in real life, some creditors mistakenly believe that as long as there is a creditor-debtor relationship, the court will find out. However, once a dispute arises and a lawsuit is filed, everything can only be based on evidence. Without evidence, it is impossible to identify the fact of borrowing and protect the creditor's rights, and the legitimate rights and interests must be agreed. In private lending, the most likely contradiction between borrowers and borrowers is interest. The law clearly stipulates that, first, if there is a dispute between the borrower and the lender about the interest rate, and the agreement is unclear and cannot be proved, the interest can be calculated by referring to the interest rate of similar loans from banks. ; The second is borrowing between citizens. If the lender calculates interest with principal and compound interest, it is not protected; Third, the interest rate of private lending can be appropriately higher than the bank's interest rate, but it must not exceed four times the bank's interest rate of similar loans.
4. Private loans can be interest-bearing loans or interest-free loans. Whether there is interest is decided by both parties. According to the first paragraph of Article 2 1 1 of the Contract Law, "If there is no agreement or unclear agreement on interest payment in the loan contract between natural persons, it shall be deemed that interest will not be paid", the lender may require the borrower to pay interest when repaying the principal, except that both parties have agreed in writing or orally in advance to be an interest-bearing loan; Otherwise, it is regarded as an interest-free loan, and the lender does not pay interest.