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Private lending

By borrowing likely to dispute

  1: due to the feelings do not write IOU IOU
: both parties trust alone, or due to the feelings, lenders do not require the borrower to write IOU; or by bank transfer made to borrowing, transfers can be proved.
risk: so easy could not prove that private lending relationship, the Bank also serves as a proof of the money exchange, but unable to prove that a lending relationship.
2: cash hard card
: lenders to lend each other large amounts of money in the form of cash, but for a long time, easy to forget details.
risk: once the dispute, if a lender on the cash source, time and place of delivery and the delivery process cannot make reasonable statements, could face a lawsuit.
circumvention methods: Bank transfer documents, but no cash. Good memories than bad writing, especially lenders, it is best to note the sources of cash, time and place of delivery and the delivery process.
3: hard to tell
third party account: lender borrowers alone verbally, or informal notice, transfer money to third party account.
risk of borrowing may not be able to demonstrate that they deliver facts.
Workaround: If by bank transfer, preferably in the written account on the IOU.
4: the "good" loans
: lenders did not carefully review borrower ious written by; or when the borrower IOU recovery, not to review the authenticity of ious.
risk: the former cases, the borrower may be deliberately write less loan amount; the latter case, after the borrower back copies of ious are, lender eventually took the original requested the payments again.
method: closer look at carefully without mistake.
5: a handwritten IOU variables, hard to tell
: content on the ious were all written by the lender.
risk: once out of the dispute, borrowers may argue that lenders on the ious, upping the added provisions against the borrower.
case: borrowing parties go to court because the IOUs of the sentence: a year after repayments, interest doubled.
denied the borrower signed promissory note with this sentence, thought to be save the lenders ious, in the wake of this signature, JI added.
after mediation in the case, but it is big trouble.
method: IOU is best not handwritten, printed by a computer, then both sides signed.
6: borrow a receipt of "two in one"
: after the borrowers to repay loans, lenders do not return a receipt, and recorded in the IOU.
risk: once lost IOU, lenders may not be able to prove that they have been borrowing; borrowers may not be able to prove
evasion of repayment approach: write a payment receipt, everything could have been more clear.
7: unsecured borrowing
: lenders to lend money to each other that do not require the borrower to apply for registration of mortgage.
risk: once the lender unable to repayment, lenders will not be able to exercise the right of mortgage, collateral recovery to offset the loans.
method: proposed clear collateral and collateral recovery mode.
8: limitation of litigation, disputes do not delay
: the borrower has to refuse repayment; lenders are not within the limitation period, require the borrower to repay the loan.
risk: more than 2 years the Statute of limitations under the law, is likely to lose right to win.
method: 2-year limitation, may be a lot of people don't know. So if at the appointed time of repayment, it is best to push each other immediately repayment. Even if it could not pay back the money, also want to sign a deferred payment agreement in order to protect the interests of borrowers.
9, "fuzzy" broker
: borrowers through an intermediary lending, loan repayments, but people do not fulfil their obligations.
risk: borrowers for loans, repayment of the fact there were no evidence.
Workaround: If there is an intermediary in the lending relationship, people bear the responsibility, the best attested in the loan agreement.

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