If you owe debt, you should pay it back. Below I recommend a sample private loan defense letter to everyone. I hope it can help you. I also recommend a private loan defense letter to everyone!
Private loan defense letter Fan Wenyi
Respondent: An XX, male, Han nationality, lived in Room 1604, No. XXX, Zhengzhou City on August 25, 1984.
Respondent: Lu Xiaopei, male, Han nationality, born on December 31, 1986, lives in No. 1202, Building 4, No. XXX.
In the case of a private loan dispute between the respondent and the respondent, the defense is as follows:
1. The respondent currently does not owe the respondent any money, as stated in the respondent’s complaint The facts of the loan were untrue, and it was impossible for both parties to have verbally agreed on the interest.
The facts of this case are that the respondent used to work in the credit card business. The respondent approached the respondent and requested the respondent to manage his credit card (people in the industry call this card maintenance) in order to increase his credit card credit limit. , unable to withstand repeated pleas from the respondent.
The respondent agreed to help him swipe his credit card after November 20XX in order to obtain more credit lines from the bank by increasing the number and amount of credit card swipes, and then through transfers and other methods as requested by the respondent The money was transferred to the respondent through the transfer account. The respondent transferred a total of nearly 1.7 million yuan to the respondent before and after. Moreover, the respondent was a friend, so the handling fees for swiping the card were all advanced by the respondent on behalf of the respondent. Yes, this case is not actually a loan of 160,000 yuan by the respondent as stated in the respondent's complaint, because the respondent did not lend even a penny to the respondent in cash or transfer.
That’s why this case has strange phenomena such as no IOU and no receipt, which are inconsistent with the common sense of private lending. All the documentary evidence involving bank transfers submitted by both parties are related to the transfer of money from the respondent to the respondent. Voucher, but there is no voucher for the respondent to transfer money to the respondent. Since the respondent did not lend the respondent even one cent in cash or transfer, it is even more unlikely that the two parties would verbally agree that the interest would be 2 cents per month. The respondent's complaint is pure nonsense and is not supported by any strong relevant evidence.
2. If the respondent engages in false litigation or malicious litigation, the people's court should reject his claim in accordance with the law to safeguard the dignity of the law and the legitimate rights and interests of the respondent.
After February 20XX, the respondent no longer managed the respondent’s credit card. After settling the respondent’s relevant credit card payments, the respondent no longer provided relevant assistance to the respondent. However, in April Afterwards, the respondent, for unknown reasons, repeatedly harassed, coerced and lured the respondent through social workers with complex backgrounds specializing in debt collection, and used filthy words on WeChat to curse the respondent's wife, daughter and other family members.
Threaten the personal safety of the respondent and his family. After obtaining some illegal and false evidence through illegal means, the respondent immediately sued the respondent to the court to confuse the public and attempt to recover debts in an apparently legal way. To obtain ulterior illegal benefits, they even said that the court had taken care of it and that after the case was filed, the court would immediately issue a ruling to auction off the respondent’s real estate and other properties!
The respondent was really unbearable to be harassed and intimidated. , in order to keep things clean and safe, under the premise that the respondent verbally promised not to harass or intimidate the respondent anymore and went to the court to withdraw the lawsuit on his own, he was forced to transfer 30,000 yuan to the respondent in May. Who knew he would reap the benefits? Not only did the respondent not withdraw the lawsuit, but he also intensified his attacks on the respondent and his family, imagining to obtain more illegal benefits. He requested the People's Court to find out the truth in accordance with the law, reject all the claims of the respondent in accordance with the law, and let the respondent feel in this case. To the fairness and justice of the law!
Respondent: XXX
Agent: Wang XX
Year, month and day, 20XX
Private lending Sample Statement of Defense II
Respondent: XX, male, Han nationality, 50 years old, currently living in No. 14, Unit 5, Building 23, Courtyard 9, Art Hall North Street, XX District
Against the plaintiff The litigation claims, facts and reasons are as follows:
1. The objective fact of this case is that the respondent needed funds for project construction, and the construction site leader (another defendant Wang Kailiang) said at the time that he could help him borrow the money. On July 6, 20XX, the defendant Wang Kailiang said that he would help him borrow money from his uncle (the plaintiff Gao Bao). When Wang Kailiang handed over 70,000 yuan in cash to the defendant, the defendant Wang Kailiang asked him to issue an IOU and stated that he had borrowed 70,000 yuan in cash. The plaintiff Gao Bao received 70,000 yuan in cash, but the defendant never met the plaintiff from beginning to end, and the defendant Wang Kailiang said everything.
After the loan expired, the defendant Wang Kailiang directly deducted the money from the respondent’s project payment and issued a receipt at the same time. And issued a specific explanation of the deduction process and situation on November 8, 20XX.
In summary, although the respondent issued an IOU in the name of the plaintiff, the respondent has never had any specific loan circumstances with the plaintiff. All of the respondent’s lending activities occurred with the defendant Wang Kailiang, and the respondent will borrow money. It is also reasonable to repay the defendant Wang Kailiang.
2. What the defendant Wang Kailiang said is inconsistent with the facts.
During the last hearing of this case, the defendant Wang Kailiang said that the IOU issued by the respondent was not honored by Bayannur Shunda Construction and Installation Co., Ltd. In the labor relationship confirmation case heard by the Linhe District Court of the city, Bayannur City Shunda Construction and Installation Co., Ltd. clearly stated in its defense statement to Dengkou County and Bayannur City Human Resources and Social Security Bureau that the IOU was Cashed out.
That is to say, the defendant Wang Kailiang has obtained all the principal and interest paid by the respondent Chang Hai to repay Gao Bao and Liu Jincui's loans. And the defendant Wang Kailiang issued proof that the above two loans had nothing to do with the respondent, so the plaintiff’s loan should be repaid in full with interest by the defendant Wang Kailiang.
3. Regarding the issue of interest.
Although the respondent has fully paid the agreed interest during the loan period and returned the entire principal. However, both parties clearly agreed that the interest rate during the loan period would be 4 cents per month, which was obviously too high.
According to Article 6 of the Supreme People's Court's "Several Opinions on the Trial of Loan Cases", the agreed interest cannot exceed four times the bank's interest on similar loans.
Applicable to this case, according to the loan benchmark interest rate announced by the People's Bank of China on July 7, 20XX: the annual interest rate for loans within 6 months is 6.10% (that is, the monthly interest is 0.5083%), combined with the highest Article 6 of the People's Court's "Several Opinions on the Trial of Loan Cases" stipulates that the interest agreement in this IOU clearly exceeds the relevant legal provisions of our country, and the excess part should be considered an invalid agreement. Then the respondent in this case has actually paid the excess interest as agreed, and the respondent reserves the right to recover it.
To sum up, the respondent’s disputed loan in this case has actually been repaid, and the plaintiff’s claim has no practical significance. The court is requested to reject it in accordance with the law.
Sincerely
XX District People’s Court
Respondent: XX