Lu and Li, who lived in Nanjing, were once high school classmates, and one day Li borrowed 65,000 yuan from Lu on the grounds of business capital turnover, and promised to repay and pay interest after one month. In order to show sincerity, Li also issued a handwritten IOU to Lu to confirm the fact of the loan, and the content of the IOU was clearly written. However, after the expiration of the loan term, Li did not return the arrears. What is even more bizarre is that after more than 3 months, the handwriting on the IOU completely disappeared and became a blank piece of paper! After investigation, it turned out that Li deliberately used a kind of "handwriting disappearing pen" when writing the IOU, and the handwriting was clear when it was first written, but the handwriting would gradually disappear with the passage of time. Because Li denied the fact of borrowing money, Lu had to sue the court to defend his rights.
What happened to Lu in this case deserves our vigilance and attention. So, what are the pits in private lending that need special attention?
First, it is necessary to conclude a written loan agreement, write down the legal full name and identity card number of the borrower and the lender; the amount of the loan, and at the same time write the uppercase and lowercase amount; the purpose of the loan; the method of payment; the interest rate, indicating whether it is the monthly interest rate or the annual interest rate; the loan term; and the borrower's own autograph and handprint.
Second, the loan agreement must be written on the spot, and the printed agreement must be signed by the borrower and fingerprinted. At the same time, in order to prevent the occurrence of the problem of disappearing pens, it is recommended to write and sign with a pen provided by the lender.
Third, in order to clarify the facts and amount of the loan, it is best to pay the loan by bank transfer, and note the purpose of "borrowing" when transferring; it is necessary to avoid directly lending cash.
Fourth, after the expiration of the loan period, it should be promptly collected and sued to protect rights, and pay attention to the three-year statute of limitations. If the lender is truly unable to repay the loan, a new repayment plan may be established to extend the repayment period so as not to exceed the statute of limitations.
