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The court with jurisdiction over private lending

Generally, private loan cases are under the jurisdiction of the court agreed upon by both parties in the loan contract. Both parties can agree to choose the place of residence of the defendant and the place of performance of the contract;

The place where the contract was signed and the place of residence of the plaintiff The People's Court of the People's Court of the People's Republic of China shall have jurisdiction over the place where the dispute is actually located, such as the location of the subject matter or the place where the subject matter is located. Alternatively, the case may be under the jurisdiction of the people's court where the defendant is domiciled.

The legal basis is Article 23 of the Civil Procedure Law. Litigation arising from contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or where the contract is performed. : Personal lending, also known as retail loan business, has become an important loan business after decades of development. Personal loans refer to loans issued by lenders to borrowers for the purpose of purchasing self-occupied housing and urban residents repairing and building self-occupied housing (excluding export-sale housing). When a lender issues a personal home loan, the borrower must provide a guarantee. If the borrower is unable to repay the principal and interest of the loan when due, the lender has the right to dispose of its collateral or pledged property in accordance with the law, or the guarantor shall bear joint and several liability for the repayment of the principal and interest. The supply and demand of funds is an important issue in the industrial and commercial society. Borrowing money and transferring money are extremely common in daily life. Lending, in a legal sense, refers to the establishment of a "loan contract" between a lender and a borrower. The lender transfers the ownership of money to the borrower, and the borrower returns the same amount of money when it matures. As private money-lending relationships become increasingly common, disputes over money lending are also particularly frequent. Legal knowledge about lending has also become an essential tool in people's consumer lives.

In order to ensure personal rights and interests and avoid losing money when lending money, creditors should pay attention to the following matters:

(1) Money lending should be based on an IOU or a written contract

The law does not require that a money loan contract must be written, because the contract is established as long as both parties agree on the same thing. However, in order to avoid disputes afterwards, it is best to establish written vouchers when borrowing money, so as to avoid making unsubstantiated claims and causing trouble.

(2) The written record of money lending should be detailed

The following matters should be clearly stated in the IOU or loan contract:

1. The names of both parties to the loan and the loan.

2. The total amount and currency of the loan. For example: "One hundred and twenty thousand New Taiwan dollars".

3. The term of the loan. For example: "The loan period is from the date of borrowing\months" or "The loan period is from \year\month\day to\year\month\day" etc.

4. Interest agreement. Clearly state the interest rate and payment method. For example: "Annual interest rate 10" "Payment will be made on the fifth day of each month from the date of borrowing".

5. Agreement on liquidated damages. For example: "If the borrower defaults, he shall pay a liquidated damages of five yuan per day for every ten thousand yuan of the loan amount."