In order to ensure personal rights and interests, creditors should pay attention to the following matters:
1. Lending should be based on IOUs or written contracts: the law does not require that a lending contract must be based on writing, because as long as both parties reach an agreement on the same thing, the contract will be established. However, in order to prevent disputes afterwards, it is best to make a written proof when borrowing money, so as not to say that there is no evidence and cause trouble.
2. The written record of the loan shall be detailed: the following items shall be clearly stated in the receipt or loan contract:
(1) Names of both parties to the loan.
(2) Total loan amount and currency.
(3) loan term.
(4) Agreement on interest. Clarify the interest rate and payment method.
(5) Provisions on liquidated damages.
(6) Date of establishment.
(7) Personal signature of the borrower.
3. Money must be delivered with a certificate: the loan contract of money must be effective with the actual delivery of money. When the lender delivers the loan money to the borrower, it is advisable to use a check or cashier's check, and clearly state that the borrower is the payee. The contract states: "The loan amount has been delivered to the borrower by a check (or cashier's check) of RMB * * * * issued by the paying bank * * bank account number * * *." In order to avoid cash delivery without evidence.
4. Seek loan guarantee: In order to ensure the safe recovery of the loan, it is best to have a reliable guarantee. Generally speaking, there are three ways to guarantee loans:
(1) Get the mortgage. The borrower provides real estate, sets priority property rights for the lender, and goes to the Land Bureau for mortgage registration.
(2) Obtaining the pledge. Borrowers use movable property or rights (such as pearls and antiques; Stocks, corporate bonds, etc. ) as a guarantee for the lender.
(3) Find a co-guarantor. The contract states that "the joint guarantors jointly guarantee that the borrower will earnestly perform the provisions of the loan contract", and the joint guarantors personally sign and seal the contract.
People's Republic of China (PRC) Civil Procedure Law
Article 1 19? Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.