Legal analysis: if the loan is lent to others, others can directly file a lawsuit with the people without collecting evidence; Those who meet the requirements may apply to the people for a payment order.
Legal basis: According to Article 119 of the Civil Procedure Law of People's Republic of China (PRC), the following conditions must be met: (1) The plaintiff is a citizen, legal person and other organization with direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It belongs to the scope of civil litigation accepted by the people and the jurisdiction of the accused people. Article 214th of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if a creditor requests the debtor to pay money or negotiable securities, it may apply to the grassroots people's court with jurisdiction for a payment order if the following conditions are met: (1) The creditor and the debtor have no other debts; (2) Payment orders can be served on the debtor. The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
Second, when a friend borrows money from others, he will first put it on my card and then transfer it to my friend. Won't money still affect me?
Legal analysis: the third party's loan does not belong to the responsible party. If you don't pay back the money, borrow it.
Legal basis: Article 687 of the Civil Code of People's Republic of China (PRC). When the parties perform their debts, the guarantor assumes the responsibility of guarantee, which is a general guarantee. The guarantor of a general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debt has not been performed, except in one of the following circumstances:
(1) The debtor's whereabouts are unknown and he has no money.
(2) The people's court accepted the bankruptcy case of the debtor;
(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;
(4) The Guarantor waives the rights stipulated in this clause in writing.
What kind of loan is it to borrow money from others through acquaintances and give me interest from a friend? ...
Private lending, as long as it is not a bank loan, is called private lending. Interest can be agreed or not. The two sides decided independently through consultation. When borrowing money, it is best to sign a loan contract and fill in all the information. It is best to have one or two witnesses to prove the fact of borrowing money. If the amount involved is large, it is generally required to transfer money to the bank. You can keep the written evidence. Don't be embarrassed to sign the contract, brothers will figure it out. If you don't pay back the money, you have to ask for it.