Evidence needed to sue usury: loan contract, IOUs, IOUs, IOUs, bank transfer records and other evidence that can prove the existence of legal relationship between loans and loans.

the parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall, in accordance with legal procedures, comprehensively and objectively examine and verify the evidence.

Legal basis

Article 63 of the Civil Procedure Law of the People's Republic of China, and the evidence includes:

(1) statements of the parties;

(2) documentary evidence;

(3) physical evidence;

(4) audio-visual materials;

(5) electronic data;

(6) witness testimony;

(7) appraisal opinions;

(8) record of inspection. Evidence must be verified before it can be used as a basis for ascertaining facts.

usury refers to a loan that demands extremely high interest. The interest in private loans is determined by both parties through consultation, but the interest rate negotiated by both parties should also be within the scope stipulated by law, otherwise it will not be protected. The annual interest rate shall not exceed 4 times the loan interest rate of financial institutions of the same period and grade (excluding floating) announced by the People's Bank of China.

Article 26 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates:

If the interest rate agreed by both lenders and borrowers does not exceed 24% per annum, the people's court shall support the lender's request for the borrower to pay interest at the agreed interest rate.

the interest rate agreed by the borrower and the borrower exceeds the annual interest rate by 36%, and the interest agreement for the excess is invalid. The people's court shall support the borrower's request to the lender to return the interest paid in excess of 36% of the annual interest rate. Extended information

As long as the interest rate of private lending does not exceed the annual interest rate of 36%, it does not constitute usury. On the contrary, if the annual interest rate exceeds 36%, it may be suspected of usury, which may be an illegal act.

according to article 211 of the contract law, "if the loan contract between natural persons stipulates to pay interest, the interest rate of the loan shall not violate the relevant provisions of the state on restricting the interest rate of the loan".

At the same time, according to the relevant provisions of the Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases issued by the Supreme People's Court in 215, if the interest rate agreed by the borrower and the lender does not exceed 24% per annum, the people's court shall support it. The interest rate agreed by the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement exceeding the part is invalid. The people's court shall support the borrower's request to the lender to return the interest paid in excess of 36% of the annual interest rate.

therefore, the principal of private usury in private lending is protected, and the interest not exceeding 24% of the bank's similar loan interest rate is also protected by law, while the interest exceeding 36% is not protected by law.

It should be noted that if private usury violates the criminal law, it will also be subject to relevant criminal penalties.

Private usury may be suspected of the crime of usury. The crime of lending at a high interest rate refers to the act of taking credit funds from financial institutions and lending them to others at a high interest rate in violation of state regulations, with a large amount of illegal income. The subject of this crime is a special subject, that is, borrowers such as enterprises (legal persons), other economic organizations, individual industrial and commercial households or natural persons with Chinese nationality and full civil capacity approved and registered by the administrative department for industry and commerce or the competent authority.

Legal basis:

Article 28 of the Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases

After settling the principal and interest of the previous loan, the borrower and the borrower will include the interest in the later loan principal and reissue the creditor's rights certificate. If the previous interest rate does not exceed the annual interest rate of 24%, the amount specified in the reissued creditor's rights certificate can be recognized as the later loan principal; The excess interest cannot be included in the later loan principal. If the agreed interest rate exceeds the annual interest rate of 24%, and the parties claim that the excess interest cannot be included in the later loan principal, the people's court shall support it.