1. What if private borrowers don't pay back?

1, it will be opened directly when it expires.

If a friend doesn't pay back the debt due, he may be unable to pay it back, he may have forgotten it, or even didn't intend to pay it back at all, but in either case, as long as he forgets to pay it back, he can make it clear to 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, you'd better ask the borrower when you have friends around you. People nowadays generally have good faces. In this case, when he can pay back the money, 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 person remembers that he still owes you money, it's easier to do it automatically, but if the other person lends it to you instead of paying back the money, then you can mention lending him money and then 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 safeguard 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 is 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.

When suing, creditors should probably pay attention to the following evidence: evidence about the debtor's subject qualification, contracts or agreements, bills of lading (which must be signed by the debtor), consignment notes, 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 use legal means to obtain evidence.

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

The Supreme People's Court's new rules of 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 proves that the "audio-visual materials supported by other evidence and obtained by legal means, or copies confirmed with audio-visual materials" stipulated in Article 70 of the Rules of Evidence in Civil Procedure is 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. It is to protect the legitimate rights and interests of the parties, find out the true situation of the case, and consciously express their will, goodwill and necessity freely.

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, and the content has not been changed, which is undoubtedly supported by other evidence.

1. Selection of recording time and place

From the point of view of litigation, it should be recorded as soon as possible. The earlier it is conducted, the more unprepared the object of evidence will be, especially in the initial negotiations, and generally it will not distort the facts. At this time, the recording of the dialogue has the greatest value. 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 copied. In addition, telephone recording is generally not as good as live recording. When there are differences in the conversation, the object of evidence may hang up if 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 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) Do not use threatening tone for business secrets that do not involve personal privacy or have nothing to do with the case, 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 controlling 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 needed evidence by secret recording, you should try to use advanced recording equipment and choose a place with less noise interference when recording. When recording in secret, we should first show our identity and recording time, so as to prompt the other party to show their identity and enhance the credibility of the evidence.

Four, the court should generally follow the principle of 10 in 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 the maximum interest rate shall not exceed 4 times (including 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 the interest in the principal to calculate compound interest, and its interest rate exceeded the limit of 4 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 by referring to the bank's similar loan interest rate.

5. If the borrower is required by the lender to pay overdue interest for regular interest-free loans between citizens, or the interest on irregular interest-free loans has not been repaid after the lender has urged it, the interest can be calculated with reference to the interest rate of similar loans from banks.

6. Lenders borrow money knowing that it is illegal, and their lending relationship is not protected. Illegal lending by both parties can be sanctioned according to relevant laws.

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

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 partner and the borrower shall jointly repay it. If the borrower cannot prove that the loan is used for partnership operation, it shall be repaid by the borrower.

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 files a lawsuit in a people's court, it shall provide creditor's rights certificates such as IOUs, receipts and IOUs, as well as other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings 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.