Grassroots lawyers also have spring
Chapter 377 Borrowing Money
Chapter 377 Borrowing Money
After the implementation of the "Provisions of the Supreme People's Court Concerning Several Issues Concerning the Application of Law in the Trial of Private Loan Cases", there is a unified standard for interest in private loan cases.The specific standards are:
1. The interest rate agreed by the borrower and the lender does not exceed the annual interest rate of 24%, which is protected by the court;
2. The interest rate agreed upon by the borrower and the lender exceeds the annual interest rate of 36%, and the interest agreement on the excess part is invalid.If the borrower requests the lender to return the interest already paid that exceeds the 36% annual interest rate, the people’s court will support it.
3. If the interest rate agreed by the borrower and the lender exceeds the annual interest rate of 24% and does not exceed the annual interest rate of 36%, if the borrower fails to pay, the court will not protect it; if it has been paid, the borrower requests the lender to return the paid interest, The court did not support it.
On August 24, [-], the Supreme People's Court issued the "Decision of the Supreme People's Court on Amending the Provisions Concerning Several Issues Concerning the Application of Law in the Trial of Private Lending Cases", which abolished the [-]% annual The loan interest rate is revised to four times the one-year LPR, which will be implemented from August [-], [-].
LPR is the one-year loan market quotation rate issued monthly by the National Interbank Funding Center authorized by the People's Bank of China.
On December 23, [-], in order to unify the standards for the judiciary to hear private lending disputes, the Supreme People's Court once again amended the "Provisions of the Supreme People's Court Concerning Several Issues Concerning the Application of Law in the Trial of Private Lending Cases".
(Book friends who are interested in private lending can ask Du Niang about the above regulations)
"According to what you said, if my loan is calculated at four times the bank's one-year loan interest rate, the annualized rate will be more than ten percent, which is too little!" said the big bald man.
"Well, that's about it. Do you want to entrust?" Wang Chuan said.
"Consignment? If I entrust you to help me with this case, can you ask for the interest back as stipulated in the loan agreement?" The big bald man suddenly asked.
"No!" Wang Chuan shook his head and said, "Let me be honest, if your case is handled by that lawyer, you won't get back so much interest."
"So, what's the use of entrusting you, it's better to find a few buddies on the road to solve the problem and get more money!" After the big bald man finished speaking, he put away the case materials and walked out of the gate.
"That...you haven't paid the consulting fee yet!" Wang Chuan summoned up his courage and said loudly.
"Consulting fee? You need a consulting fee after solving the problem for me!" The big bald man snorted coldly and walked out without looking back.
"Forget it! Wang Lu, don't ask for it! That guy looks like a usury, don't mess with them." Zhang Dahuyou advised.
Wang Chuan nodded. In fact, he could see it too, but out of habit, he asked a question at the end.
Early the next morning, Wang Chuan came to the office, and Fatty Wan called him into the meeting room.
"Do you still want the small courtyard? The other party called me last night and said that they are in a hurry to spend money, and they can drop another 36, [-]. How about it?" Fatty Wan asked eagerly.
"The price is not bad. I will write to you before I get off work today." Wang Chuan thought for a while.
In the afternoon, Lao Niu walked briskly into the office with his bag in hand.When Wang Chuan saw it, he hurriedly followed in.
"Congratulations to the director, a complete victory! Another client has been won." Wang Chuan laughed.
"How do you know?" Lao Niu proudly said.
"Seeing the joy on your face, it must be that the business negotiation has been completed!" Wang Chuan said.
Based on Wang Chuan's understanding of Lao Niu, if the business had not been negotiated, Lao Niu would not have such a brisk pace, let alone give people a feeling of spring breeze.
"That's right! There is a client from Guangdong Province. They want to acquire a company in the Imperial Capital. I went with Lawyer Mu. This trip was not in vain, and the negotiation was completed." Lao Niu said happily.
"Director, I want to discuss something with you." Seeing that Lao Niu was in high spirits, Wang Chuan hurriedly said.
"What's the matter? Someone wants to poach you away, right?" Lao Niu immediately looked at Wang Chuan vigilantly.
"How can I! With you in the institute, I won't go anywhere." Wang Chuan immediately put on an expression of a die-hard fan.
"Tell me, what's the matter?" Lao Niu relaxed and said.
"I'm going to buy a house recently, and I want to borrow some money from you?" Wang Chuan whispered.
"Borrowing money?" Lao Niu looked Wang Chuan up and down and said, "Where can I buy a house? Shijingshan?"
"How can I afford a house in Shijingshan? I want to buy it in Mentougou, isn't it cheaper? You see, I'm always renting a house and it's not a problem. I have a nest to be sure." Wang Chuan said.
"Well, how much do you plan to borrow?" Lao Niu asked.
"I have some money, but it's not enough. I want to borrow [-] yuan from you. I will pay you back within two years! I won't let you borrow it for nothing, but I will calculate the interest for you." Wang Chuan said.
"When will it be?" Lao Niu thought for a while.
For Lao Niu, as long as Wang Chuan has been handling cases in the firm, 10 yuan is nothing. Lending out this 10 yuan can not only save his favor, but also allow him to work in the firm with all his heart, killing two birds with one stone!
Besides, as long as Wang Chuan does not leave the law firm, Lao Niu is still very confident in Wang Chuan's ability to repay the debt.At least within a manageable range.
"The sooner the better." Wang Chuan smiled shyly.
"I'll transfer the money to your bank account tomorrow, and you draft a loan agreement and send it to me. I won't take advantage of you, and the interest will be calculated according to the bank's loan interest for the same period." Lao Niu said seriously.
"Okay, don't worry, I will pay you back within two years." Wang Chuan excitedly left the office and went back to his work station to draft the loan agreement.
In the afternoon of the next day, Wang Chuan and Lao Niu asked for leave after receiving the money, and went to the housing management department of Mentougou together with Fatty Wan, who had gone to the Mentougou court to get the verdict to fish.
"The name on the real estate certificate is not yours? What's going on?" Wang Chuan was stunned after taking the real estate certificate handed over by the young man with dark circles.
At this time, Wang Chuan felt like cursing, it wasn't your house, why are you selling it!play it! ?
The young man with black eyes hurriedly said: "Don't get me wrong, this is my dad's property. You see, I have a power of attorney, a copy of my dad's ID card, and a household registration book. You see, my dad and I are living together. On an account book."
"Leave me a copy of your power of attorney and ID card. It's best to have your mother sign the power of attorney." Wang Chuan said out of professional sensitivity.
"Okay, no problem. My house is not far from here. I'll do it right away. Just wait a moment." The young man with dark circles was eager to get the money. Seeing Wang Chuan's insistence, he quickly walked out of the gate with a helpless expression on his face. .
An hour later, the young man with dark circles ran back and handed the power of attorney and a copy of his parents' ID cards to Wang Chuan. Wang Chuan first transferred the first payment of 30 yuan to the bank account of the young man with dark circles.
(End of this chapter)
After the implementation of the "Provisions of the Supreme People's Court Concerning Several Issues Concerning the Application of Law in the Trial of Private Loan Cases", there is a unified standard for interest in private loan cases.The specific standards are:
1. The interest rate agreed by the borrower and the lender does not exceed the annual interest rate of 24%, which is protected by the court;
2. The interest rate agreed upon by the borrower and the lender exceeds the annual interest rate of 36%, and the interest agreement on the excess part is invalid.If the borrower requests the lender to return the interest already paid that exceeds the 36% annual interest rate, the people’s court will support it.
3. If the interest rate agreed by the borrower and the lender exceeds the annual interest rate of 24% and does not exceed the annual interest rate of 36%, if the borrower fails to pay, the court will not protect it; if it has been paid, the borrower requests the lender to return the paid interest, The court did not support it.
On August 24, [-], the Supreme People's Court issued the "Decision of the Supreme People's Court on Amending the Provisions Concerning Several Issues Concerning the Application of Law in the Trial of Private Lending Cases", which abolished the [-]% annual The loan interest rate is revised to four times the one-year LPR, which will be implemented from August [-], [-].
LPR is the one-year loan market quotation rate issued monthly by the National Interbank Funding Center authorized by the People's Bank of China.
On December 23, [-], in order to unify the standards for the judiciary to hear private lending disputes, the Supreme People's Court once again amended the "Provisions of the Supreme People's Court Concerning Several Issues Concerning the Application of Law in the Trial of Private Lending Cases".
(Book friends who are interested in private lending can ask Du Niang about the above regulations)
"According to what you said, if my loan is calculated at four times the bank's one-year loan interest rate, the annualized rate will be more than ten percent, which is too little!" said the big bald man.
"Well, that's about it. Do you want to entrust?" Wang Chuan said.
"Consignment? If I entrust you to help me with this case, can you ask for the interest back as stipulated in the loan agreement?" The big bald man suddenly asked.
"No!" Wang Chuan shook his head and said, "Let me be honest, if your case is handled by that lawyer, you won't get back so much interest."
"So, what's the use of entrusting you, it's better to find a few buddies on the road to solve the problem and get more money!" After the big bald man finished speaking, he put away the case materials and walked out of the gate.
"That...you haven't paid the consulting fee yet!" Wang Chuan summoned up his courage and said loudly.
"Consulting fee? You need a consulting fee after solving the problem for me!" The big bald man snorted coldly and walked out without looking back.
"Forget it! Wang Lu, don't ask for it! That guy looks like a usury, don't mess with them." Zhang Dahuyou advised.
Wang Chuan nodded. In fact, he could see it too, but out of habit, he asked a question at the end.
Early the next morning, Wang Chuan came to the office, and Fatty Wan called him into the meeting room.
"Do you still want the small courtyard? The other party called me last night and said that they are in a hurry to spend money, and they can drop another 36, [-]. How about it?" Fatty Wan asked eagerly.
"The price is not bad. I will write to you before I get off work today." Wang Chuan thought for a while.
In the afternoon, Lao Niu walked briskly into the office with his bag in hand.When Wang Chuan saw it, he hurriedly followed in.
"Congratulations to the director, a complete victory! Another client has been won." Wang Chuan laughed.
"How do you know?" Lao Niu proudly said.
"Seeing the joy on your face, it must be that the business negotiation has been completed!" Wang Chuan said.
Based on Wang Chuan's understanding of Lao Niu, if the business had not been negotiated, Lao Niu would not have such a brisk pace, let alone give people a feeling of spring breeze.
"That's right! There is a client from Guangdong Province. They want to acquire a company in the Imperial Capital. I went with Lawyer Mu. This trip was not in vain, and the negotiation was completed." Lao Niu said happily.
"Director, I want to discuss something with you." Seeing that Lao Niu was in high spirits, Wang Chuan hurriedly said.
"What's the matter? Someone wants to poach you away, right?" Lao Niu immediately looked at Wang Chuan vigilantly.
"How can I! With you in the institute, I won't go anywhere." Wang Chuan immediately put on an expression of a die-hard fan.
"Tell me, what's the matter?" Lao Niu relaxed and said.
"I'm going to buy a house recently, and I want to borrow some money from you?" Wang Chuan whispered.
"Borrowing money?" Lao Niu looked Wang Chuan up and down and said, "Where can I buy a house? Shijingshan?"
"How can I afford a house in Shijingshan? I want to buy it in Mentougou, isn't it cheaper? You see, I'm always renting a house and it's not a problem. I have a nest to be sure." Wang Chuan said.
"Well, how much do you plan to borrow?" Lao Niu asked.
"I have some money, but it's not enough. I want to borrow [-] yuan from you. I will pay you back within two years! I won't let you borrow it for nothing, but I will calculate the interest for you." Wang Chuan said.
"When will it be?" Lao Niu thought for a while.
For Lao Niu, as long as Wang Chuan has been handling cases in the firm, 10 yuan is nothing. Lending out this 10 yuan can not only save his favor, but also allow him to work in the firm with all his heart, killing two birds with one stone!
Besides, as long as Wang Chuan does not leave the law firm, Lao Niu is still very confident in Wang Chuan's ability to repay the debt.At least within a manageable range.
"The sooner the better." Wang Chuan smiled shyly.
"I'll transfer the money to your bank account tomorrow, and you draft a loan agreement and send it to me. I won't take advantage of you, and the interest will be calculated according to the bank's loan interest for the same period." Lao Niu said seriously.
"Okay, don't worry, I will pay you back within two years." Wang Chuan excitedly left the office and went back to his work station to draft the loan agreement.
In the afternoon of the next day, Wang Chuan and Lao Niu asked for leave after receiving the money, and went to the housing management department of Mentougou together with Fatty Wan, who had gone to the Mentougou court to get the verdict to fish.
"The name on the real estate certificate is not yours? What's going on?" Wang Chuan was stunned after taking the real estate certificate handed over by the young man with dark circles.
At this time, Wang Chuan felt like cursing, it wasn't your house, why are you selling it!play it! ?
The young man with black eyes hurriedly said: "Don't get me wrong, this is my dad's property. You see, I have a power of attorney, a copy of my dad's ID card, and a household registration book. You see, my dad and I are living together. On an account book."
"Leave me a copy of your power of attorney and ID card. It's best to have your mother sign the power of attorney." Wang Chuan said out of professional sensitivity.
"Okay, no problem. My house is not far from here. I'll do it right away. Just wait a moment." The young man with dark circles was eager to get the money. Seeing Wang Chuan's insistence, he quickly walked out of the gate with a helpless expression on his face. .
An hour later, the young man with dark circles ran back and handed the power of attorney and a copy of his parents' ID cards to Wang Chuan. Wang Chuan first transferred the first payment of 30 yuan to the bank account of the young man with dark circles.
(End of this chapter)
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