2. If the interest rate agreed by both parties exceeds the annual interest rate of 36%, the excess interest agreement is invalid, and the court will support it and will not return it.
According to the provisions of the Supreme People's Court on several issues concerning the application of law in the trial of private lending cases, the following provisions are made:
Article 26 If the interest rate agreed between the borrower and the lender does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
Extended data
1. If the borrower and the lender have an agreement on overdue interest rate, such agreement shall prevail, but the annual interest rate shall not exceed 24%. If the overdue interest rate is not agreed or clearly agreed, the people's court may handle it according to different circumstances:
(1) The lender claims that the borrower should pay the interest during the period of capital occupation at the annual interest rate of 6% from the date of overdue repayment, and the people's court should support it because the interest rate during the loan period has not been agreed;
(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment.
2. If the borrower voluntarily pays the interest that is not agreed upon, or voluntarily pays the interest that exceeds the agreed interest rate or liquidated damages, and the interests of the state, the collective and the third party are not harmed, the people's court will not support it if the borrower requests the lender to return it on the grounds of unjust enrichment, except that the borrower requests to return the interest that exceeds 36% of the annual interest rate.
Baidu Encyclopedia-Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Edited on 2018-12-17.
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One minute it's 24%, the next minute it's 36%. What is this?
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Can loan sharks call the police if they can't repay their loans?
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I borrowed usury, but I can't afford it now. Can I call the police for help?
As a debtor, it is useless to call the police, and the public security organ will not accept it because it is not within the jurisdiction of the public security organ. If the creditor asks the debtor for debts by violent means, the public security organ will only deal with it if the debtor calls the police, but it will only deal with the creditor and will not control usury.
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Can I call the police for owing usury?
1. It is useless to call the police if the usurer has not committed illegal acts; 2. If the usury was borrowed voluntarily by both parties and was not forced or defrauded, then the borrowed money should still be paid back. 3. When usury occurs, the interest rate agreed by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. If the annual interest rate exceeds 36%, the interest agreement for the excess part is invalid. If the annual interest rate is between 24% and 36%, the court will also support it. According to "Several Opinions of the Supreme People's Court on Handling Loan Cases by People's Courts", Article 26 If the interest rate agreed by the borrower and the lender does not exceed 24% of the annual interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum. Extended data lending includes legal private lending and illegal usury. If the interest agreed by private lenders and borrowers is higher than 36% of the bank loan interest rate in the same period, it belongs to usury, and some of the higher interest rates are not protected by law, which means that private usury is not protected by law. Although the Notice of the People's Bank of China on Banning Underground Banks and Cracking Down on usury explicitly prohibits private usury, the People's Bank of China has no power to formulate laws and administrative regulations, and any documents it issues are only departmental regulations, not laws and administrative regulations. This determines that the "Notice" does not have the effect as a national regulation, and violating it is at best illegal, not illegal. Accordingly, the behavior of folk usury is just illegal, not illegal, not illegal in the sense of criminal law. Baidu Encyclopedia-"the Supreme People's Court's Opinions on the People's Court's Trial of Lending Cases"
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Can I call the police if I can't afford to borrow usury? To find the answer, let's ask.
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Consequences of calling the police after borrowing usury
1, there are four walls in the house. I have met many young people who borrow usury. In order to repay the loan sharks' debts, they usually need to support the whole family to repay them. Small loans can stop loss in time, and large loans may not be repaid even if some parents change to sell real estate. Step 2 run away. When I borrowed usury for the first time, I probably wanted to gamble and thought I could make a comeback. However, when many people borrow the second and third loans, they will become numb to the loan figures. Some people haven't even thought about it, and the result that they can't afford is to run away, but unfortunately, it may be their family members who are finally affected. 3. Being madly collected. People who do usury business are not good crops either. If you dare not pay back the money you owe, he will dare to use violence to collect it, such as sending text messages, making phone calls, sending people to follow you around the clock, and even violently beating the borrower. These can be seen in different social news. In August this year, a man in Henan province committed suicide by jumping off a building in front of the police because he was unable to repay the usury. Of course, you are not completely helpless when you encounter the violent collection of usury. You should get in touch with the police and lawyers in time. Legally, usury is not protected by law, and the annual interest rate over 36% is not recognized. You can also negotiate with them to adjust your interests accordingly. Related knowledge: Will you go to jail if your credit card is overdue? If the cardholder fails to repay in full after the due repayment date and does not choose the minimum repayment amount, the bank will generally take the following measures: 1. Call overdue credit cards or send dunning letters. 2. Those who are overdue for more than 6 times and fail to repay once will be blacklisted by the personal credit information system of the People's Bank of China. The bank will freeze the credit card accounts of those who fail to repay the overdue loans, and will add overdue loans to the blacklist. The record of arrears may be fed back to the personal credit information system of the People's Bank of China, which will affect the cardholder's personal credit record and make it impossible for the cardholder to apply for a mortgage loan normally. 3. If the overdue amount of the credit card is large (the principal is more than 65,438 yuan+0,000 yuan), and it is overdue for more than three months, and the bank still fails to pay it back twice, it belongs to the malicious overdraft of the credit card and constitutes the crime of credit card fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years 10 years. If all debts can be paid off in time before the judgment, criminal punishment may be mitigated or exempted. In real life, even if you have no money, you can't borrow at high interest rates. You can apply for relevant loans from the bank. This is the right way.