What are the consequences of private lending?

1. What are the consequences of private lending? If private lending fails to repay the money, it may bring a civil lawsuit, and if it fails to perform the judgment of the people's court, it may be enforced. Article 108 of the General Principles of the Civil Law stipulates: "The debt shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. " Therefore, it is certain that the debtor must repay the debt. But at present, there are two situations in society where debts cannot be repaid. One is unable to repay, the other is unable to repay. The General Principles of the Civil Law only stipulates the above principles. In practice, there are two different situations in which the debtor is unable to repay: one is temporarily unable to repay. If this is the case, it can be repaid by the debtor in installments in accordance with the relevant provisions of the above general principles of civil law. The other is permanent inability to repay. If it is permanently impossible to pay off, it can only be paid off with the debtor's personal existing property, which will be tried by the court, made a judgment and then put into execution. That is to say, the creditor will take as much as the debtor has personal property available for execution. Lending between individuals should be cautious. When you lend money to a person, you must know the credit status of the other party, that is, the exchange of goods needed between relatives and friends. If the amount is large, the borrower should provide a guarantee or use a certain property as collateral as far as possible in addition to establishing an iou, which can reduce the risk. Second, how to protect the rights of private lending disputes (1) The disputed loan interest payment method is stipulated in the contract, and both borrowers and lenders can reach an agreement on the payment of interest. If the term of interest payment cannot be determined, according to the contract law, if the loan term is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it will be paid every year; If the remaining term is less than one year, it shall be paid together with the loan. (2) Pay attention to obtaining and properly keeping legal loan credentials. (3) Creditor's rights must be claimed during the limitation of action. If the repayment period is stipulated in the IOU, the limitation of action shall be two years from the date of borrowing; If the repayment period is not stipulated in the IOU, the creditor's rights can be protected by law within 20 years from the date of borrowing. During the period, if the lender claims that the limitation of action is interrupted, the two-year limitation of action for ordinary litigation shall apply. (4) The plaintiff claims that a written receipt must be provided for the creditor's rights. 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 with him to support his claim. An IOU or IOU is generally presumed to have been paid off when it is in the hands of the debtor. There are still many cases in which people can't afford to pay back money in private lending. At this time, it is not that the debtor maliciously fails to pay back the money, but that it is really because it has no ability to repay the debt. Therefore, when lending money to others, you must first understand the repayment ability of the other party, so as to avoid the money you lent out for a long time. In addition, it is natural to pay back debts. If the debtor owes money to the creditor, it needs to be repaid within the agreed date. If you don't pay back the money, creditors can use legal weapons to safeguard their legitimate rights and interests.