Of course not. Looking for a lawyer is to be more professional from the legal point of view and provide a more direct basis for the judge to adopt. To facilitate their own litigation.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior among natural persons, legal persons and other organizations and among them.
These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses.
Second, the effectiveness of private lending.
(1) Conditions for entry into force
1. When the parties to a private loan contract are all natural persons,
The private loan contract between natural persons is a material contract, which is established when the loan provided by the lender is accepted by the borrower. After the loan agreement is reached, the lender may withdraw its promise before providing the loan, and the borrower has no right to ask the court to force the lender to fulfill its promise and provide the loan. If the lender provides a loan in any of the following circumstances, it can be regarded as having the effective elements of the contract law on the loan contract between natural persons:
(1) In case of cash payment, from the date when the borrower receives the loan;
(2) If the payment is made through bank transfer, online electronic remittance or online loan platform, the payment shall be made when the funds reach the borrower's account;
(3) If the bill is delivered, from the date when the borrower obtains the bill right according to law;
(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;
(5) The lender provides the loan in other ways agreed with the borrower and actually performs it.
2. When the parties to a private lending contract are not all natural persons.
According to the law, except for the loan contract between natural persons, the private loan contract comes into effect when the contract is established, unless otherwise agreed by the parties or otherwise stipulated by laws and administrative regulations. In judicial practice, some local courts have stipulated the effective time of loan contracts other than natural persons in the form of normative documents such as case trial guidance.
(2) Invalid situation
1. Obtain credit funds from financial institutions and lend them to borrowers at high interest rates, and the borrowers know or should know in advance;
2. Borrowing money from other enterprises or raising funds from employees of the unit is lent to the borrower for profit, and the borrower knows or should know in advance;
3. The lender knows or should know in advance that the borrower is still providing loans for illegal and criminal activities;
4, contrary to social public order and good customs;
5. Other violations of mandatory provisions of laws and administrative regulations.
The above is the content compiled by Bian Xiao. We can learn that according to the regulations, private lending can be prosecuted with or without lawyers. According to your own needs, if you want to find a lawyer, you must find a professional lawyer, so that you can win the lawsuit. If you have any questions, you can consult relevant lawyers.