Receipt for a loan is the written proof that the one party that money lends by need in pointing to leasehold relation is written and the can prove to exist between both sides creditor's rights debt of autograph, affix one's seal concerns, ought to call in receipt for a loan when paying off loan. Date of date of amount of a borrower, lender, loan, loan, reimbursement can be mirrorred to wait for information on receipt for a loan, can regard loan dispute as litigant evidence. So, if there is receipt for a loan on your hand, sue what problem should note?
1, the prosecution that has receipt for a loan
(1) agreed on receipt for a loan of reimbursement date, want to notice whether loan has expired, the reimbursement date that agrees on receipt for a loan namely already came, if loan did not expire, can not sue;
(2) there is conventional reimbursement date on receipt for a loan: Creditor is OK dun loan, offer debtor reasonable time reimbursement, if passed debtor of this reasonable time to still did not return money, ability can be sued, litigant effectiveness for a given period of time from this reasonable time hind of at the expiration of one's term of office begins consideration. But the debtor when denouncing is chased after to reject reimbursement clearly in creditor, can sue immediately;
(3) administer court: The accused often resides the basic level court of the dwelling place; The accused when sueing misses, by ground of the accused primary residence or court of its belongings seat administer.
(4) the evidence on creditor hand has receipt for a loan only, also can sue.
2, the prosecution of what receipt for a loan won't be supported
(1) existence borrower meaning represents truthless case, including is to be in by threatening, deceit, conceal the receipt for a loan that issues below the circumstance such as the fact.
(2) more than 50 thousand receipt for a loan, ought to the bank turns Zhang proves other perhaps witness to wait fill strong evidence, do not grant to maintain otherwise.
(3) the borrower that issues receipt for a loan does not have civil action competence. The ground is new promulgate " civil code general principles " relevant provision, judging the age dividing line that whether has civil action capacity is 8 one full year of life, additional, cannot identify completely the person of own behavior also is not to have person of civil action competence.
(4) restricted is civil conduct competence person, namely above of 8 one full year of life is malcontent the minor of 18 one full year of life perhaps cannot identify completely the person of own behavior, the issued receipt for a loan that does not suit with its age, intelligence, point to the receipt for a loan with larger number commonly.
(5) the litigant effectiveness for a given period of time of receipt for a loan has been passed, and indemonstrable during this inside have the fact that seeks fund of get sth back, reduce natural debt, once owe the person of money to put forward litigant effectiveness for a given period of time to pass main content counterplea, lose the likelihood that win the lawsuit, but the court decision that the court does not get effectiveness for a given period of time of active cite lawsuit to lose a lawsuit through making.
(6) when the legal person when orgnaization of creditor dispute finance or other organization, receipt for a loan is invalid. The leasehold relation between the enterprise is invalid, but the accrual of bilateral agreement ought to support, loan one party wants to the interest that gives borrowed business to pay an agreement.
(7) the compound interest clause in receipt for a loan is invalid. Be about to the interest that capital generates calculates capital recount interest, invalid, and the interest that includes compound interest inside cannot get support entirely, support capital only.
(8) loan is to be used at gamble, peddle the illegal use such as poison and lender knows perfectly well, receipt for a loan is invalid.
(9) fun is stemmed from to perhaps get angry between lover, husband and wife the receipt for a loan that waits for a reason to be signed, of the proof that does not have real pay borrow or lend money again, receipt for a loan cannot get support.
3, can be you sued without receipt for a loan?
Receipt for a loan is the written proof that can prove leasehold relationship, had receipt for a loan to be able to be sued to forensic put on record, so, how can you do without receipt for a loan?
Without receipt for a loan, it is other and OK to be done not have again if the proof is put in the evidence of leasehold relation, the court is to won't accept what you sue this, so, if do not have receipt for a loan, it is other and OK to be about to find out the evidence that him proof lends the other side money comes, had these evidence, although do not have receipt for a loan, also can sue the other side to return money to the court.
Other and OK prove the evidence of leasehold relation includes a bank to turn between you recording of the Zhang record, witness testimony that does not have interests, phone, denounce creditor's rights to cause a trouble to do not give his to chase after, the other side must let carefully sign receipt for a loan when lending money, receive hind of receipt for a loan to must keep well.
Receipt for a loan is the important and written proof that proves you lend money, scarcely should hinder not to receive the receipt for a loan of person lending money at face, also want to notice to must advocate oneself creditor's rights actively, avoid the course of litigant effectiveness for a given period of time, although do not sue each other, also should be in 3 years its chase after introversion of litigant effectiveness for a given period of time denounce, although the other side ran to search,be less than a person, also want to often live formerly to the other side inside litigant effectiveness for a given period of time the ground or belongings seat court are sued.
