The usury is not up yet, can you take the initiative to call the police?

Lending disputes belong to civil disputes. It's no use calling the police if the usurer doesn't break the law. You can try to sue in court.

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 without repayment.

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 provisions are as follows:

Article 26 If the interest rate agreed by the borrower and the lender does not exceed 24% of the annual interest rate, 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 interest paid in excess of 36% of the annual interest rate.

Extended data

1. If there is an agreement between the borrower and the lender on the overdue interest rate, such agreement shall prevail, but the annual interest rate shall not exceed 24%. If there is no agreement or unclear agreement on the overdue interest rate, the people's court may handle it according to different circumstances:

(1) If the lender claims that the borrower will pay the interest during the fund occupation period at the annual interest rate of 6% from the date of overdue repayment, the interest rate during the loan period is not 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 borrower's claim to pay the interest during the period of capital occupation 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 the interest on the grounds of unjust enrichment, except that the borrower requests to return the interest that exceeds the annual interest rate of 36%.

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 still can't pay the loan?

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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 a creditor demands a debt from the debtor 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 care about 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 violated the law; 2. If usury is borrowed voluntarily by both parties and is not forced or cheated, then the borrowed money still needs to be repaid. 3. If the interest rate agreed by the borrower and the borrower 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. If the annual interest rate exceeds 36%, the interest agreement for the excess will be 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 the Trial of 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 interest paid in excess of 36% of the annual interest rate. Extended data lending includes legal private lending and illegal usury. If the interest agreed by the private lending parties 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 to Combat 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 violation of the "Notice" 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 raise the whole family to repay them. Those with small loans can stop their losses in time, while those with large loans may not be able to repay even if some parents change to sell their property. Step 2 run away. When I first borrowed usury, 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 pay back the money without thinking, and the result that they can't afford it is to run away, but unfortunately, it may be their families 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, he dares to use violence to collect it, such as texting, making phone calls, sending someone to follow him 24 hours a day, 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 of more than 36% is not recognized. You can also negotiate the corresponding interest adjustment with it. 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 an overdue credit card or send a reminder letter. 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 lead to the cardholder's failure to apply for housing mortgage loan normally. 3. If the overdue amount of the credit card is large (the principal exceeds 65,438 yuan+00,000 yuan), and the overdue amount exceeds three months, and the bank still fails to repay the loan twice, it belongs to the malicious overdraft of the credit card and constitutes the crime of credit card fraud. Those with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years, and those with a huge amount 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 a high interest rate. You can apply for relevant loans from the bank. This is the right way.