Owe private usury, be sued by usury instead now, how should do?

2022-04-18 0 By

I borrowed a principal of 30,000 yuan with a monthly interest of 3,000 yuan. The monthly interest rate is an astonishing 10%. Even if calculated according to simple interest, the annual interest rate is 120%, which is definitely usury.Can determine is in accordance with this progress of the topic of repayment Lord even a lifetime also not over, after all, the interest of a year more than the principal, the subject may always be on the way to return interest, usury will let the subject will never be able to get away, to the last even to sell the situation.Nevertheless, usury wants to Sue topic unexpectedly advocate, this is really good thing, although they do not Sue, topic advocate also should take the initiative to go to the court to Sue even report a crime to public security mechanism.According to the description of the subject, I have paid the interest for 18 months. According to the monthly payment of 3,000 yuan, I have paid 54,000 yuan in total, exceeding the principal of 24,000 yuan.For the subject, your repayment obligations have already been fulfilled, and even more than a part of the court can request the usury to return part of the amount.According to the latest judicial interpretation, the interest rate for private lending is capped at four times the one-year LPR rate. The latest one-year LPR rate is 3.7 percent, and four times the one-year LPR rate equals 14.8 percent. Interest calculated above the rate limit is not protected by law.According to this calculation, the interest generated by 30,000 yuan a year is up to 4,440 yuan, including the principal of only 34,440 yuan, the subject returned 36,000 yuan in the first year, has paid back 1560 yuan more, the following six months and 18,000 yuan.Therefore, the topic actually gave the loan shark an extra 19,560 yuan.Technically, the loan shark should not only return 19,560 yuan but also pay interest on the money it occupied during this period.The usury company claims to have received no summons and notice of action after the lawsuit. Don’t worry.First, if a loan shark sues, it’s their own trap. They’re just trying to scare you.The way I see it, you should be suing them.Secondly, if you are really sued, please collect evidence. You can ask the bank to pull out the transfer records, even if you lose them.It is ok to take id card and bank card to pull detail to bank ark face.After the court to provide corresponding evidence that has already paid 54000 yuan, the legal protection of the debt has long been paid off, and then put forward a counterclaim, asking the loan shark to return the overpaid interest.Third, it takes a period of time from case filing to court hearing. The subject can wait patiently. If it is really urgent, you can go to the case filing hall of the local court to ask.Finally, I hope the subject will not borrow usury in the future.Although the law does not protect usury, it is better to control your desire to spend money than you can afford.The above reply hope to be useful to you, welcome to pay attention to, praise Wang Wu said your support is the best encouragement to the original!