Legal analysis: 1, concluding an agreement. In real life, private lending mostly happens between relatives and friends. Because these people are usually closely related, out of trust or affection, private lending relationships are often concluded in the form of oral agreements without any written evidence. In this case, once one party denies it, the other party will fall into an "empty talk" situation because it can't produce evidence. Even if a lawsuit is filed, the lender will lose because he can't produce evidence. When examining a loan case, the people's court shall require the plaintiff to provide written evidence; If there is no written evidence, the necessary factual evidence shall be provided. A lawsuit that does not meet the above conditions shall be ruled inadmissible. Therefore, it is necessary for both borrowers and lenders to sign a written agreement.

2. When the lender and the borrower conclude a written agreement, the agreement shall include: the name of the lender and the borrower (subject to the household registration book or resident identity card); The purpose of the loan; Loan amount (words and figures are consistent); Currency (RMB or foreign currency); Borrowing time and repayment time (specify a certain year, a certain month and a certain day); Repayment method and liability for breach of contract, etc. If it is an interest-bearing loan, the interest rate must be clearly written in the agreement. In order to protect the legitimate rights and interests of lenders, lenders must pay attention to the proper preservation of written agreements and other evidence, so that disputes can be documented in the future.

3. Prepayment items should be clear. In the loan contract, knowing that the borrower does not repay is a breach of contract. In fact, the borrower's prepayment also constitutes a breach of contract.

Legal basis: Article 668 of the Civil Law of People's Republic of China (PRC) stipulates that unless there are other loan agreements between natural persons, it shall be in written form. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669 of the Civil Code of People's Republic of China (PRC) concludes a loan contract, and the borrower shall provide true information about the business activities and financial status related to the loan according to the requirements of the lender.

Article 670th of the Civil Code of People's Republic of China (PRC) stipulates that the loan interest shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.