You owe me a loan of 3,000 years, and now you want me to pay back more than 20,000 yuan, and you want to sue me? What to do?

Debt disputes are civil cases, and debtors generally do not bear criminal responsibility. Moreover, usury itself is illegal, and the state only protects private lending relationships that do not exceed 4 times the bank interest rate. So we can't sue.

According to "Several Opinions of the Supreme People's Court on People's Courts Hearing Loan Cases"

Article 26 If it is agreed that the interest rate agreed between the borrower and the borrower shall 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 part of the interest paid that exceeds 36% per annum.

In other words, the borrower can get it back without paying interest on the above part.

Extended data:

On June 29th, Huizhou Public Security Bureau Huicheng Branch issued a notice on its official WeChat account "Ping 'an Goose City" in response to the illegal fund-raising case of "e-speed loan", saying that it approved the arrest of the suspect Qiu Mouqiong and others suspected of illegally absorbing public deposits 1 1 person according to law.

Previously, the case had been identified as illegal deposit by Guangdong police. After preliminary investigation by the public security organs, Guangdong Rong Hui Investment Co., Ltd. illegally absorbed hundreds of millions of yuan by using the "e-speed loan" platform.

However, Wang Mian, the actual controller of Shanghai Jinxing Asset Management Co., Ltd. (hereinafter referred to as "Jinxing Asset"), a P2P online lending platform in Shanghai, disappeared after transferring the company's funds to his personal account.

The management of Venus Assets reported the whereabouts of the actual controller to the public security organ. According to the report materials, Wang Mian actually controls Haixing LinkedIn Financial Information Service (Shanghai) Co., Ltd. (hereinafter referred to as "Haixing Company").

Wang Mian transferred about156.62 million yuan from these two companies. As of the time of reporting the case, the assets account of Venus was RMB 410.4 million; Unpaid accounts receivable of 50 million yuan; The net fixed assets are about 9.28 million yuan; Unpaid investor funds are about 432 million yuan; The number of investors involved is 2 156.

According to informed sources, the office of Venus Assets is located in Mao Huan Building, Huaihai West Road. It is a high-grade commercial building in a prime location in Shanghai, and the rent is expensive. However, after Wang Mian lost contact, investors discovered that Venus Assets still owed about 2.3 million yuan in rent and property management fees in June.

Surprisingly, the business license of Venus Assets shows that the registered capital is 654.38 billion yuan. However, according to the equity transfer agreement that Wang Mian, the actual controller of Venus Assets, transferred the shares of the company to Yan Aimin, the company invested in 0 yuan.

It is understood that the subscribed capital is the registered capital on the industrial and commercial business license, and the paid-in capital is part or all of the paid-in registered capital recognized by the enterprise after capital verification. From March 2065438+2004, the lower limit of registered capital was cancelled after the adjustment of the company law. In other words, the former minimum registered capital was 30,000 yuan, and now the minimum registered capital is 1 yuan.

In addition, the paid-in system was changed to the subscription system. For example, if you want to set up a company with a registered capital of 654.38+0 billion yuan, you can specify the registered capital of 654.38+0 billion yuan in the articles of association, and the date of contribution is 2045. Then the business license directly States the registered capital 1 100 million yuan, which can be invested again in 2045.

Subscribe here 1 100 million yuan. During the period before 2045, 1 100 million yuan will be deposited in the company's basic deposit account, and then the capital verification report will be processed and the investment information will be declared. At this time, 1 100 million yuan will be paid in. It can be seen that Venus Assets is a shell company without paid-in capital. Moreover, Wang Mian, the actual controller of Venus Assets, seems to be ready to "lose contact".

According to industrial and commercial data, Venus Assets was established in August 2065438+2004. On October 20 1 14 10, Wang Mian entrusted Yan Aimin to hold 50% equity of Venus Assets.

In the same month, the legal representative of Venus Assets was changed to Yan Aimin. So Wang Mian became the behind-the-scenes controller of Venus assets. From the beginning of 20 15, Wang Mian gradually transferred the company's funds to the bank accounts of other companies and individuals under its control, with a total amount of about1500,000 yuan.

According to the information provided by investors, most of the funds raised by Venus Assets and Haixing Company have not been really invested. At present, the only investment project that can be mastered is the 50 million yuan project in cooperation with Ping An Venture Capital.

At present, the "unearned accounts receivable of 50 million yuan" of Venus Assets refers to this project. The expected rate of return of the project is 5%, while the rate of return promised by Venus to investors is 7%-9%.

In addition, Venus Assets also provided a "maximum loan contract" with "Guangzhou Jinbo Logistics Trading Group Co., Ltd.". According to the contract, from 20 16, 171October 25 to 20 17,1October 24, Venus Assets has the right to issue installment loans to borrowers according to their needs.

According to people familiar with the matter, this project is suspected of fiction, just to illegally absorb public deposits, create the illusion of continuing to operate, and wait for an opportunity to transfer the funds of Venus Assets.

According to the insider's analysis, from the registration of Venus Assets and Haixing Company to the controller's escape, its controller Wang Mian had no intention to actually engage in peer-to-peer lending business from the beginning. The person responded that Wang Mian, born at 1978, was engaged in steel trading business earlier, and was quite familiar with companies with false registration and financial loopholes that might be exploited.

According to the data provided by the online loan house, as of June 26th, there were 505 platforms that closed down and had problems in 20 16, of which 238 were benign exits (closure or transformation), accounting for nearly 50%. In May this year, the number of running platforms was 20. As of June 26th, 22 companies had run away in June. During the same period of 20 15, there were 37 road platforms in May and 54 in June.

Compared with before, the operation time of running platforms has been extended, and most platforms have been operated for more than 1.5 years, which also shows that the number of pure fraud platforms has decreased, and the main reasons for running platforms have become self-integration, broken capital chain, poor management and poor external environment, which leads to platforms choosing to run.

Baidu Encyclopedia: the Supreme People's Court's Opinions on People's Courts' Trial of Lending Cases

Public trust. Com: Grey usury: Borrow 200,000 to write 500,000 IOUs, and then there are scams.