How to deal with loan disputes

Legal analysis: 1, evidence must be provided to deal with disputes: when the people's court examines and prosecutes cases of loan disputes, it requires the plaintiff to provide written IOUs; If there is no written receipt or it cannot be provided, the necessary factual basis or the testimony of two or more witnesses who have no interest in themselves shall be provided. 2. The lender shall not include interest in the principal to obtain high profits. 3. If there is a dispute between the borrower and the borrower about whether there is an agreed interest rate and it cannot be proved, it is usually regarded as interest-free lending. 4. Handling of fixed-term interest-free loans: the lender requires the borrower to pay overdue interest on fixed-term interest-free loans between citizens, or the irregular interest-free loans are still not repaid after being urged; If the lender requests to pay interest after the dunning, the interest shall be calculated with reference to the interest rate of similar loans from banks. 5. Handling of illegal lending: The lender knowingly borrows money for illegal activities, and its lending relationship is not protected. Illegal lending by both parties can be sanctioned according to relevant laws and regulations. 6. Handling of guarantee liability: in the loan relationship, if there is a guarantee for the performance of the debt, it shall be recognized as the guarantor and bear the guarantee liability. 7. Handling of loan disputes with the partnership organization: during the partnership operation, if an individual borrows money in the name of the partnership organization and uses it for partnership operation, the partners shall jointly repay it; If the borrower cannot prove that the loan is used for partnership operation, it shall be repaid by the borrower personally.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.

Article 680 usury is prohibited and the loan interest rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.