No loan can be recovered without an IOU. Creditors can use text message records of loan communication, chat records on WeChat or other chat software, call recordings, bank transfer vouchers, witness statements, etc. as evidence to recover the debt. The "Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" stipulates that when a lender files a private lending lawsuit in the People's Court, it shall provide IOUs, IOUs and other evidence of creditor's rights and other evidence that can prove the existence of the legal relationship between the loan and the loan.
1. A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. Among them, the party who borrows money from the other party is called the borrower, and the party who lends money is called the lender. Depending on the lender, loan contracts can be divided into financial institution loan contracts and loan contracts between natural persons. Both are typical contracts for transferring property ownership.
2. A loan contract refers to a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due. The borrower is the party who borrows money and can be a natural person, a legal person or an unincorporated organization. The law does not impose any restrictions on the qualifications of the borrower. The lender is a party that lends money. It can be a legal person that is a qualified lender, that is, a commercial bank, a trust investment company, or other financial institution approved by the People's Bank of China and qualified to operate financial businesses. Other civil entities can also conduct private loans. Also a qualified lender.
3. The loan contract prohibits the first deduction of interest. The so-called interest first deduction is the practice of deducting part of the interest from the principal in advance when the lender issues the loan. The problem with pre-deduction of interest is that a portion of the interest is deducted in advance when the principal is paid, so that the borrower does not receive the full loan amount from the beginning. For example, for a loan of 1 million yuan, the agreed monthly interest rate is 20,000 yuan. When paying the principal, only 880,000 yuan will be paid, and the remaining 120,000 yuan will be deducted in advance as six months' interest. The borrower actually uses the loan The amount is 880,000 yuan.
4. If the parties agree that interest will be deducted first, it will not be legally effective. The method is to determine the principal of the loan and calculate the interest based on the actual loan amount. As in the above example, if the lender first deducts 120,000 yuan from the loan interest, and actually pays 880,000 yuan, the principal will be calculated as 880,000 yuan, and the monthly interest will be two cents, which is 17,600 yuan.
5. A loan contract is usually a paid contract, and the loan interest is the repayment for the loan. Therefore, the borrower should pay the loan interest on time to ensure that the lender's interests in the loan are repaid at the same time.
6. Financial institution loan contract refers to a contract in which a financial institution that handles loan business acts as the lender and provides a loan to the borrower, and the borrower returns the loan and pays interest when due.