2. Secondly, if the above 1 is excluded, it depends on the time when the lending behavior occurs and the time of prosecution;
(1) If the loan behavior occurred before August 20, 2020 and was prosecuted before that, it shall not exceed 24% according to the agreement; If a lawsuit is filed after this, it shall not exceed 24% before August 20, and shall not exceed 4 times of LPR after that;
(2) If both parties have agreed on the overdue interest rate for the lending behavior after August 20, 2020, such agreement shall prevail, but it shall not exceed four times the one-year loan market listed interest rate (LPR) at the time of the establishment of the contract.
3. In addition, if there is no agreement or unclear agreement between the two parties on the overdue interest rate, the people's court may handle it according to different circumstances:
(1) The people's court shall support the lender's claim that the borrower shall bear the liability for breach of contract for overdue repayment from the date of overdue repayment with reference to the interest rate standard listed in the one-year loan market at that time;
(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 lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment.
(3) If the borrower and the lender have not agreed on interest, and the lender claims to pay interest, the people's court will not support it. If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. The people's court shall make a comprehensive judgment if it is not a natural person.
1. If the fact that you borrowed money occurred before August 20, 2020, but the lawsuit was filed after that, the interest shall be calculated by stages. The interest and overdue interest during the loan period shall be calculated according to the agreed interest rate standard, with the maximum not exceeding 24% of the annual interest rate until August 20, 2020. From August 20, 2020, the interest rate standard is calculated according to the one-year interbank lending rate, until the loan is paid off.
Second, if your loan occurs after August 20, 2020, interest will be calculated at four times the one-year interbank lending rate from the day after repayment until the repayment date.
Third, if the fact that you borrowed money occurred before August 20, 2020, and the other party sued before August 20, 2020 and the court ruled in the first instance, then the court ruled that the loan was calculated at the annual interest rate of 24% until the repayment date.
Your question lacks many preconditions, depending on whether the loan occurs before or after the interest rate is adjusted according to law, whether the subject has financial institutions, and so on.
It should be 15.4%
The court will order you to repay the principal, and the interest will be recorded according to the interest rate of the People's Bank of China, not exceeding 4 times. If the small loan company doesn't give you 24% interest, then he is too ignorant. .
It depends on the judge.
Whether lending belongs to financial institutions and whether the interest rate of lending by financial institutions should be in accordance with the provisions of private lending depends on how the judge understands it. The most obvious thing is that the annual interest rate of credit cards exceeds 18%.
As for overdue interest, it is even different. It seems that overdue interest above the upper limit will also support it.
My friend owes 65438+ ten thousand yuan, and sent me all the text messages. It's really annoying to read.
It depends on whether the time when the loan occurs is before or after the time when the interest rate is adjusted according to law, and whether the subject has financial institutions.
First of all, let's first determine your two unclear conditions: "being sued by online loans", and the high probability is a licensed financial institution, because unlicensed online loans will basically not go through legal procedures; The other is "some time ago". Let's make it after August 20, 2020 for the time being (because the Civil Code law re-regulates the interest rate of private lending on this day).
On this premise, you also need to return the interest at an annualized rate of 24%! Not 15.4%
The new regulation of private lending probably means that the latest private lending rate is set according to the current LPR of four, that is, it should not be higher than 15.4% annualized, but! This regulation does not apply to licensed financial institutions! To put it bluntly, your private lending is judged according to 15.4%, but banks or licensed financial institutions are judged according to the original standard, that is, you negotiate between 24% and 24% ~ 36% annualized, and the court does not make mandatory requirements. If it exceeds 36% annualized, it will be deemed as invalid agreement.
The picture above shows a case between Pratt & Whitney and the borrower tried by Wenzhou court last year, which is almost the same as yours. Can be used as a reference.
It is precisely because the current new regulations are not suitable for licensed financial institutions, so at present, the financial product loan interest rates of companies such as Ant Service and Easy Move are high and there is no fear.
I believe that with the improvement of China's financial environment, people can also use the funds with the lowest interest rate in the future!
Thanks for reading!
Not more than 4 times the bank loan interest rate in the same period.