If the interest rate agreed between the borrower and the borrower does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
The loan amount specified in the debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal.
After the borrower and lender settle the principal and interest of the previous loan, they will include the interest in the principal of the latter loan 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 confirmed as the later loan principal; Excess interest cannot be included in the future 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. According to the above calculation, the sum of the principal and interest payable by the borrower after the expiration of the loan term cannot exceed the sum of the initial loan principal and the interest of the whole loan term with an annual interest rate of 24% based on the initial loan principal. If the lender requests the borrower to pay the excess, the people's court will not support it.
If the borrower and the lender have an agreement on overdue interest rate, such agreement shall prevail, but the annual interest rate shall not exceed 24%. If the overdue interest rate is not agreed or clearly agreed, the people's court may handle it according to different circumstances:
(1) The lender claims that the borrower should pay the interest during the period of capital occupation at the annual interest rate of 6% from the date of overdue repayment, and the people's court should support it because the interest rate during the loan period has not been agreed;
(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment.
The lender and the borrower agreed on overdue interest rate and liquidated damages or other expenses. The lender may choose to claim overdue interest, liquidated damages or other expenses, or both, but the people's court will not support the part that exceeds 24% of the annual interest rate.
If the borrower voluntarily pays the interest that is not agreed upon, or voluntarily pays the interest that exceeds the agreed interest rate or liquidated damages, and the interests of the state, the collective and the third party are not harmed, if the borrower requests the lender to return it on the grounds of unjust enrichment, the people's court will not support it, except that the borrower requests to return the interest that exceeds 36% of the annual interest rate.
2. Little knowledge: What is the interest of private lending? How much interest is usury.
If the interest rate agreed between the borrower and the borrower does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. If the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support the loan amount specified in the debt certificates such as IOUs, receipts and IOUs, which is generally recognized as the principal.
If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal. After the borrower and lender settle the principal and interest of the previous loan, they will include the interest in the principal of the latter loan 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 confirmed as the later loan principal; Excess interest cannot be included in the future 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. According to the above calculation, the sum of the principal and interest payable by the borrower after the expiration of the loan term cannot exceed the sum of the initial loan principal and the interest of the whole loan term with an annual interest rate of 24% based on the initial loan principal.
If the lender requests the borrower to pay the excess, the people's court will not support it. If the borrower and the lender have an agreement on overdue interest rate, such agreement shall prevail, but the annual interest rate shall not exceed 24%.
(1) If there is no agreement on the overdue interest rate or no agreement on the overdue interest rate, the people's court shall support the lender to claim that the borrower shall pay the interest during the period of capital occupation at the annual interest rate of 6% from the date of overdue repayment; (2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment. The lender and the borrower agreed on overdue interest rate and liquidated damages or other expenses. The lender may choose to claim overdue interest, liquidated damages or other expenses, or both, but the people's court will not support the part that exceeds 24% of the annual interest rate.
If the borrower voluntarily pays the interest that is not agreed upon, or voluntarily pays the interest that exceeds the agreed interest rate or liquidated damages, and the interests of the state, the collective and the third party are not harmed, if the borrower requests the lender to return it on the grounds of unjust enrichment, the people's court will not support it, except that the borrower requests to return the interest that exceeds the annual interest rate of 36%.
3. What is the knowledge of private loan usury?
1. What is the interest of usury? The capital price of usury refers to the monthly interest of 1 yuan, which is generally 1 gross, close to 1.20%, which is at least 5.3 1% higher than the bank lending (annual) interest rate (loan interest rate 2008- 12-23).
2. Is usury a crime? 1. In usury activities, if usury lending reaches a certain amount, it constitutes the crime of illegally absorbing public deposits; 2. For the purpose of lending, taking credit funds from financial institutions and lending them to others at a high interest rate, the illegal amount is large, which constitutes the crime of lending at a high interest rate; 3. For the purpose of illegal possession, illegal fund-raising by fraudulent means, and a large amount constitutes the crime of fund-raising fraud; 4. usury is easy to cause criminal crimes such as illegal detention, kidnapping, injury and fraud; 5. Private intermediaries and individuals' legitimate income from their own funds with high interest rate are private lending behaviors, such as lending disputes, which belong to the category of civil adjustment.
4. What are the legal knowledge of usury?
1. Both parties have reached an agreement on interest. 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 on 20 15, if the interest rate agreed by both parties does not exceed 24% per annum, the people's court shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
Therefore, the principal of private usury in private lending is protected, and the interest that does not exceed 24% of the bank's similar loan interest rate is also protected by law, and the interest that exceeds 36% is not protected by law. ? ? ? ? The agreement between the two sides is still unclear. If the agreement on interest between natural persons is not clear, the interest court will not support it during the period.
Except for loans between natural persons, loans between natural persons, legal persons and other organizations, unless the interest agreement is unclear. The court should comprehensively consider the transaction mode, trading habits, market interest rate and other factors to determine the interest, that is, the court will determine the final interest, and generally calculate the interest according to the bank loan interest rate for the same period. The two sides have not reached an agreement on interest. If the two parties have not agreed on interest, the lender claims interest during the period, and the court will not support it.
If the borrower repents on the grounds of unjust enrichment after voluntary payment, the interest shall not exceed 36% of the annual interest rate, and the court will not support it; However, more than 36% of the red line interests are always supported by the court. .
5. Want to die, not afraid of death, and owe a huge loan shark.
1, there are four walls in the house. I have met many young people who borrow usury. In order to repay the loan sharks' debts, they usually need to support the whole family to repay them. Small loans can stop loss in time, and large loans may not be repaid even if some parents change to sell real estate.
Step 2 run away. When I borrowed usury for the first time, I probably wanted to gamble and thought I could make a comeback. However, when many people borrow the second and third loans, they will become numb to the loan figures. Some people haven't even thought about it, and the result that they can't afford is to run away, but unfortunately, it may be their family members who are finally affected.
3. Being madly collected. People who do usury business are not good crops either. If you dare not pay back the money you owe, he will dare to use violence to collect it, such as sending text messages, making phone calls, sending people to follow you around the clock, and even violently beating the borrower. These can be seen in different social news. In August this year, a man in Henan province committed suicide by jumping off a building in front of the police because he was unable to repay the usury.
Of course, you are not completely helpless when you encounter the violent collection of usury. You should get in touch with the police and lawyers in time. Legally, usury is not protected by law, and the annual interest rate over 36% is not recognized. You can also negotiate with them to adjust your interests accordingly.
Related knowledge: Will you go to jail if your credit card is overdue?
If the cardholder fails to repay in full after the due repayment date and the minimum repayment amount is not selected, the bank generally takes the following measures:
1. Call or send a reminder letter to those whose credit cards have expired.
2. Those who are overdue for more than 6 times and fail to repay once will be blacklisted by the personal credit information system of the People's Bank of China. The bank will freeze the credit card accounts of those who fail to repay the overdue loans, and will add overdue loans to the blacklist. The record of arrears may be fed back to the personal credit information system of the People's Bank of China, which will affect the cardholder's personal credit record and make it impossible for the cardholder to apply for a mortgage loan normally.
3. If the overdue amount of the credit card is large (the principal is more than 65,438 yuan+0,000 yuan), and it is overdue for more than three months, and the bank still fails to pay it back twice, it belongs to the malicious overdraft of the credit card and constitutes the crime of credit card fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years 10 years. If all debts can be paid off in time before the judgment, criminal punishment may be mitigated or exempted.
In real life, even if you have no money, you can't borrow at high interest rates. You can apply for relevant loans from the bank. This is the right way.
6. What are the routines of usury?
The routine set by the lender is to make the borrower owe more and more. There are four common routines.
Lure: Borrow some short money, and the interest will not be high? "The general loan amount is not high, but it will make you borrow more and more." This routine often appears in student groups. In order to lure college students to borrow money, lenders usually only provide 3000-5000 yuan at first, and the period is very short.
In this way, the basic annualized interest rate is high, but the short-term interest amount is not high, and students are generally not too sensitive. But with the handling fee and various fees, the actual interest rate is very high.
Beheading interest is the jargon of the private financial industry, which means that a usurer or an underground bank deducts some money from the principal when giving a loan to a borrower. This money is called beheading interest. For example, the lender lent the borrower 654.38+million yuan, but directly deducted the interest of 20,000 yuan when paying the borrower, and only gave the borrower 80,000 yuan, while the borrower gave the borrower an IOU of 654.38+million yuan, that is, the amount recorded in the IOU was greater than the actual loan amount.
Can't afford it? Can I introduce you to the settlement method if you can't afford it? Lenders will also introduce you to your home and take you to settle accounts. "Even account" means that another "small loan company" repays the money of the first company, and the borrower signs a higher debt contract.
In order to "balance the accounts", the lending company will even deliberately let the borrower default. For example, when repaying the loan, it will find an excuse to go to other places so that the borrower can't contact; Or the terms of breach of contract are very harsh. For example, the term of "overdue repayment" is calculated in hours or even minutes, and the debt will double. In order to avoid legal risks, these usury institutions often have a hand.
For example, in the process of borrowing money, because the law does not protect usury, they often trick borrowers into transferring money to the bank to take cash, leaving the bank running water as evidence. For example, when they go to the bank to transfer money with the borrower, they first put the 200,000 yuan promised on the loan slip into the borrower's card, and then let the borrower take it out, and then take away 6,543,800 yuan, but the borrower did not get the repayment form.
In the end, the borrower actually got only 654.38 million yuan, but the bank running water shows that there is still 200,000 yuan in the account.
7. What information do loan sharks need?
First, usury is not protected by law.
Second, usury is judged on the basis of the interest rate supported by law, and it is not protected if it exceeds the legal standard. Three, the determination of the legality of interest and usury shall be determined according to the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases".
"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases" Article 26 If the interest rate agreed by both borrowers and lenders does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid.
The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum. It is recommended not to borrow usury.
8. What are the three characteristics of usury?
The three characteristics of usury are: 1 and high interest rate. The interest rate of usury is generally above 36% per year, and the loan 100 yuan, and the interest above 36 yuan is paid once a year.
Individual interest rates can reach 100% to 200%. In the history of our country, the annual interest of usury generally reaches 100%, and it is "rolling interest", that is, the loan of 100 yuan will be returned to 200 yuan one year later. If it cannot be returned at maturity, it will be returned to 400 yuan in the second year and 800 yuan in the third year.
The reason why usury has such a high interest rate is determined by the economic conditions at that time. Because pre-capitalism is a self-sufficient natural economy with low labor productivity and small production scale, small producers generally can't bear the impact of accidents (such as natural and man-made disasters), and once they encounter accidents, they can't maintain their original simple reproduction and livelihood.
In this case, small producers (farmers and other small handicraftsmen) have to borrow money or things from usurers to maintain their production and life. It is precisely because usurers see that borrowers are trying to survive that they relentlessly raise interest rates.
If the borrower borrows money not for living and survival, but for investment and profit, just like under the capitalist mode of production, then the interest rate of the loan is high, which makes most or all of the investment profit be embezzled by the interest of the usurer, then the borrower will not borrow, and the interest rate of the loan will naturally not be high. In addition to small producers, usurers also have some ruined slave owners and feudal owners. They are trying to maintain a luxurious life, and their interest will eventually be passed on to small producers.
The creditors of usury are mainly businessmen, especially Qian Shang, slave owners and landlords. 2. The interest of exploiting usury comes from the surplus labor of slaves and small producers and some necessary labor.
The interest paid by small producers by usury is paid directly by their surplus labor or necessary labor products. The interest paid by slave owners and feudal owners through usury is also the surplus labor or necessary labor product of slaves and small producers.
Because slave owners and feudal owners did not work, the interest they paid was, in the final analysis, oppression and exploitation of slaves and small producers. Because the source of usury interest includes not only all surplus labor created by laborers, but also some necessary labor.
Compared with capitalist interest whose interest is only a part of surplus value, it is more exploitation. 3. Unproductive As mentioned above, usurers, whether rulers or small producers, borrow usury mainly for unproductive expenses.
Rulers borrow usury mainly to maintain their luxurious life, while small producers borrow usury for basic living needs. This is obviously different from the use of capitalist loan capital and socialist credit funds.