First of all, what should I do if the private borrower doesn't pay back the money?

1, open directly at maturity.

A friend who fails to repay the due debt may be unable to repay it, may have forgotten it, or even have no intention to repay it at all, but in either case, as long as he forgets to repay it, he can clearly tell his friend with an iou. Whatever the outcome, we should negotiate first. If the negotiation fails, we should adopt other methods.

2. Seize face-to-face opportunities

This method depends on the opportunity of exercise, for example, when everyone is together and you just need money, it is best to ask the borrower when you have friends around you. Nowadays, people generally have a good-looking face. In this case, when he can repay, it is usually a better time.

Step 3 borrow money in reverse

In fact, this method is to deal with a man as he deals with you. When a friend refuses to pay back the money, he can tell the other party that it is urgent to borrow money, and it is naturally best that the amount borrowed can be almost the same as that borrowed by himself. If the other party remembers that he still owes you money, it will be easier to pay it back automatically, but if the other party lends you money instead of paying it back, then you can mention lending him money and get the money.

Second, how can private lending not be prosecuted?

If the loan period has expired and the lender still fails to repay the loan after being urged, the lender may bring a lawsuit to the people's court according to law and use legal weapons to protect his legitimate rights and interests. Lenders should pay attention to the limitation of action when suing. Article 135 of the General Principles of the Civil Law stipulates: "The limitation of action for requesting protection of civil rights from the people's court is two years." If the limitation of action exceeds two years, the people's court will not accept it, and the lender's creditor's rights will lose legal protection. In order to prevent the statute of limitations from exceeding, the lender may require the borrower to write a repayment plan before the expiration of the statute of limitations, thus interrupting the statute of limitations. According to the law of our country, the new limitation of action can be recalculated from the date of interruption, so that the lender not only has the right to sue, but also can continue to enjoy the right to win the case, which is conducive to protecting the legitimate rights and interests of the lender.

Creditors may pay attention to the following evidence when suing: evidence about the debtor's subject qualification, contracts or agreements, delivery notes (which must be signed by the debtor), waybills, IOUs and various settlement bills. , and other telegrams, faxes and letters related to debts shall be properly kept. The evidence collected shall be provided to the people's court in a timely manner.

For evidence that may be lost or difficult to obtain in the future due to special circumstances, you can apply to the people's court for evidence preservation in time. For evidence that cannot be collected by itself due to objective reasons, you can apply to the people's court for investigation and collection in time. At the same time, we should actively try to obtain evidence by legal means.

Third, the judicial interpretation and evidence collection skills of recorded evidence in private lending.

The Supreme People's Court's new regulations on evidence in civil procedure redefine the exact meaning of illegal evidence, that is, Article 68 of Several Provisions on Evidence in Civil Procedure stipulates that evidence obtained by infringing upon the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of a case.

However, it has been proved that Article 70 of the Rules of Evidence in Civil Procedure stipulates that "audio-visual materials supported by other evidence and legally obtained, or copies verified with audio-visual materials" are effective. In order to make the recorded evidence the basis of judgment, two conditions must be met: it

First of all, the acquisition of recorded evidence must comply with the law. At that time, the conversation between the two sides was unrestricted. This is the will, goodwill and necessity to consciously express freely in order to protect the legitimate rights and interests of the parties and find out the true situation of the case.

Second, the recorded evidence has good recording technical conditions, the speaker's identity is clear, the content is clear, objective, true and coherent, it has not been edited or forged, the content has not been changed, and there is no doubt that there are other evidences to support it.

1. Selection of recording time and place

From the point of view of litigation, the recording should be carried out as soon as possible. The earlier it is implemented, the less defensive the object of evidence will be, especially in the initial negotiation, which usually does not distort the facts. At this time, the value of dialogue recording is the greatest. However, after several negotiations, the other side often narrates from a favorable angle or adopts a defensive attitude.

The choice of location is also very important. We should try to find a quiet and undisturbed place to get better recording effect.

2. Recording device

Try to choose equipment with small size, easy to hide, long recording time and high sound quality. Interviewer, tape recorder or mp3 player with recording function can be used, preferably copying. In addition, telephone recording is generally not as good as live recording. When there is disagreement in the conversation, the object of evidence may hang up because he doesn't want to continue, but in face-to-face conversation, he can continue even if there are some arguments.

3. Preparation before obtaining evidence

Prepare the evidence and facts that you want the other party to admit. Be prepared for the conversation, including considering the suggested questions and the other party's possible attitude in advance, and how to induce the other party to make a statement. As for whether to make an appointment in advance, it depends on the situation. It is easy to get a "surprise" effect by going to the door directly, but it is also possible to encounter unexpected situations, such as being rejected by the other party or interrupting the conversation for other reasons.

Conversation style

Since it is a private recording, of course, the most important thing is not to let the object know that you are recording, so look and tone should be natural. If you know someone, you should pay more attention.

(1) Explain the time and place during the conversation, clarify the identity of each speaker and the relationship with the facts being discussed, and try to use the full name when talking to enhance the relevance and credibility of the recording.

(2) Pay attention to confirmation with other evidence, because confirmation with other evidence is a condition for the admissibility of recorded evidence.

(3) Don't involve personal privacy or business secrets irrelevant to the case, and don't use threatening tone, otherwise it may be considered illegal and will not be accepted.

(4) Focus on the narration, admission or denial of facts, and don't get entangled in the argument of legal responsibility.

(5) Pay attention to control the conversation time, ask the facts you want the other party to admit, and go straight to the point.

5. If necessary, you can ask the notary office to notarize the recording process.

If evidence is notarized, the notary office may be asked to notarize the recording process when necessary to ensure the legality of the recorded evidence.

Tip: When collecting the required evidence by secret recording, you should try to use advanced recording equipment and choose a place with less noise interference when recording. When secretly recording, you should first indicate your identity and recording time, so as to urge the other party to indicate your identity and enhance the credibility of the evidence.

Four, the court should generally follow the principle of 10 when dealing with private lending disputes.

1. When the people's court examines the prosecution of a loan dispute case, it requires the plaintiff to provide a written receipt. If there is no written receipt or it cannot be provided, it shall provide the necessary factual basis or the testimony of two or more witnesses who have no interest in it to support its claim.

2. The interest rate of private lending may be appropriately higher than the bank interest rate, but it shall not exceed 4 times of the bank interest rate (including the interest rate). Beyond this limit, the excess interest is not protected according to law. If there is a dispute between the borrower and the borrower over the agreed interest rate and it cannot be proved, the interest can be calculated with reference to the above provisions.

3. The lender shall not include the interest in the principal to seek high profits. During the trial, it was found that if the creditor included interest in the principal to calculate compound interest, and its interest rate exceeded the limit of four times the bank loan interest rate in the same period, the excess interest was not protected and only the principal was returned.

4. If there is a dispute between the borrower and the borrower on whether there is an agreed interest rate and it cannot be proved, the interest can be calculated with reference to the bank's similar loan interest rate.

5. In the case of regular interest-free loans between citizens, if the lender requires the borrower to pay overdue interest, or the interest of irregular interest-free loans has not been repaid after being urged by the lender, the interest can be calculated with reference to the interest rate of similar loans from banks.

6. The lender knows that the loan is used for illegal activities, and its lending relationship is not protected. Illegal lending by both parties can be sanctioned in accordance with relevant laws.

7. In the loan relationship, the person who only plays the role of contact and introduction does not assume the guarantee responsibility. If the performance of the debt is guaranteed, it shall be recognized as a guarantor and bear the guarantee responsibility.

8. The borrower refuses to acknowledge the IOU issued by the actor in the name of the borrower, but the actor cannot.

If it is proved to be true, the actor shall bear civil liability.

9. During the period of partnership operation, if an individual borrows money in the name of a partnership organization and uses it for partnership operation, the partners shall jointly repay it. If the borrower cannot prove that the loan is used for partnership, the borrower will repay the loan.

10. If the debtor is likely to transfer, sell off or conceal the property related to the case, the court may take property preservation measures such as sealing up, distraining, freezing and ordering to provide guarantee according to the application of the parties or ex officio. If the preserved property is the means of production, the applicant shall be ordered to provide a guarantee. Property preservation takes appropriate measures according to the nature of the preserved property to minimize the impact on production and life and avoid property losses.

Legal basis:

"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases" Article 2 When a lender brings a lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificates such as IOUs, receipts and IOUs held by the parties do not specify the creditor, and the parties holding the creditor's rights certificates file a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification. If the people's court considers that the plaintiff is not qualified as a creditor after trial, it shall rule to dismiss the prosecution.