1. Communicate with the other party, and both parties reach a repayment agreement through negotiation;
2. The interest exceeds four times the market interest rate of one-year loan when the contract is established. Lending should be stopped in time. High-interest lending is prohibited by law, and the interest agreement in excess is not protected by law.
1. Article 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates that if the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds four times the market price of one-year loan at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th.
Second,
What will happen?
1, telephone and door-to-door reminder
Generally speaking, if the final repayment date is more than three days, the lending institution still fails to wait until the repayment amount appears, and will call the borrower for information. Of course, borrowers can also take this opportunity to tell the truth and play a sympathy card for the grace period of repayment. However, if the arrears are delayed again and again, the lending institutions will no longer have hope. Only when they are disappointed, the next action is likely to be door-to-door collection.
2. Bring a lawsuit to the court
If the collection fails, the lending institution will take out legal weapons to safeguard its rights and interests. Under the way of mortgage loan, the court will advocate the auction of collateral, and the proceeds from the auction will be used to repay the remaining principal and interest, attorney fees, legal fees and other expenses in priority. If there is any surplus, it will be returned to the borrower in full. This is an easy process, but it may not be easy to do. It will take at least three months to cash in the assets. During this period, the borrower can raise funds to win the battle for assets, and use the funds to withdraw the lawsuit from the lending institution. With the convergence of credit loans, borrowers still cannot escape legal sanctions and need to repay loans with assets in their own names.
3. Personal credit is damaged.
Once a borrower has a loan transaction with a bank, all repayment behaviors will be recorded by the central bank's credit information system and truthfully reflected in the credit information report.