I. How to Deal with Personal Loan Disputes Under normal circumstances, if a person can't pay off his debts, he can only bring a lawsuit to the court to force the debtor to pay off his debts in a legal way. Under normal circumstances, creditors cannot directly exercise compulsory rights, including the act of sealing up property. But this is not absolute. If permitted by law, the creditor may seize the debtor's property. Creditors are allowed to seize property under the following two circumstances: 1. If one party takes possession of the other party's property according to the contract, and the other party fails to pay the payable amount according to the contract within the agreed time limit, the possessor has the right to seize the debtor's property. 2. When the debtor or a third party provides certain property to guarantee the debtor's performance of the debt, when the debtor fails to perform the debt, the creditor may seize the collateral and give priority to the realization of his creditor's rights with the value of the collateral. For example, if Party A borrows 1000 yuan as collateral, and fails to repay it at maturity, the creditor may detain the cattle and urge Party A to pay off the debt, or sell the cattle according to law to realize the rights, or discount the cattle for himself, and the balance can be returned. This is the mortgage in civil law. Second, personal loan disputes What are the personal loan disputes as follows: 1, excessive agreed interest and high interest are the main reasons for inducing lenders to borrow. According to the law, the interest rate of personal loans should not exceed four times the interest rate of bank loans in the same period. However, in reality, the interest agreed by borrowers for borrowing money often exceeds the law, and there is also a phenomenon of rolling interest. However, the lender only considers collecting high profits in a way far higher than the interest of bank deposits in the same period, regardless of the borrower's repayment ability, resulting in the principal and interest not being compensated, and finally has to sue the court. 2. Without guarantee, there is no guarantee of repayment. The lender does not require the borrower to provide the secured property or seek a guarantor out of relatives and friends or because of face, so that the corresponding loan is unsecured and the repayment is not binding. It is inevitable that the borrower will not repay in full and on time. 3. Irregular IOUs and Receipts The IOUs and receipts submitted by both borrowers and lenders are often written irregularly, which leads to vague and inaccurate meanings and becomes the focus of disputes between the two sides. For example, (1) the names of borrowers and lenders are not standardized. According to the regulations, my name should be based on the name registered in the ID card and household registration book. But in life, many people often write aliases on IOUs or receipts, or use homophones instead. When the dispute was brought to court, the borrower refused to admit the fact of borrowing on the grounds that the signature on the loan was inconsistent with his ID card, and the lender objected to repayment or partial repayment on the grounds that the signature on the loan was not repayment. (2) The benefit agreement is not clear. Except that the interest rate agreed by both parties is more than 4 times of the bank's interest rate in the same period, and the excess is not protected by law, both parties will record the interest before settlement into the principal at the time of settlement and recalculate the interest, so the phenomenon of interest rolling is not protected by law.

Legal objectivity:

Article 120 of the Civil Procedure Law of People's Republic of China (PRC) * * * A lawsuit shall be filed with the people's court, and a copy shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed. Article 122 of the Civil Procedure Law of People's Republic of China (PRC) * * * If a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate. Article 214 of the Civil Procedure Law of People's Republic of China (PRC), if a creditor requests the debtor to pay money or negotiable securities, it may apply to the grassroots people's court with jurisdiction for a payment order if the following conditions are met: (1) There is no other debt dispute between the creditor and the debtor; (2) Payment orders can be served on the debtor. The application shall specify the amount of money or securities required and the facts and evidence on which it is based.