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Hello everyone, I'm here. This week has an interesting story. On loan, repayment and interest, a fan page sent a message asking a lawyer question on James LK's page about the loan debtor's request for a loan. creditor. Interest exceeds the legal limit of 10% per month or 120% per annum, but later. The bad economy loses its commercial liquidity. The debtor can not repay principal and interest as expected. The dissatisfaction with the creditor is very great. And it will be posted to revive the debt, and will file a complaint in court
. The debtor has many doubts in the judicial process. First issue When the debtor has been sued. Can you negotiate with the creditors? And who will determine the amount of money to pay to creditors
when the case will go to court. Whether it is a civil case or a criminal case, the couple can seize the court. For both parties to negotiate or reconcile before the case is brought to court. In mediation negotiations in court. There will be an intermediary. What was handed over from the court. To help coordinate, guide and find channels to resolve disputes. To complete the case. Advantage at a time. No game is defeated. Nobody wins.
The good of mediation. And the compromise in court is not to waste time. And save money. It is the lawyer. The time it takes to make money is better than the time to go to court
in terms of the amount to be paid to the creditor. No party can determine the amount. The amount depends on the capacity of the debtor. And the satisfaction of creditors. Even the court does not have the power to apply it. The court will judge the case. The debtor can pay all debts according to the act of accusation or dismissal, depending on the nature of the case. Must be considered as a question.
Second question When creditors ask for interest beyond the legal limit The debtor can take the money already paid. Is there an interest on arrears or money?
on this question. The Supreme Court ruled that the repayment of the debt, which is the interest beyond the rate prescribed by law. The debtor can not take the money that has already been paid to offset the interest owed or the current money. However, in the year 2560, the Supreme Court overturned the original motion. By the way. The interest rate charged by creditors exceeds the legal limit. As a result, all interest is canceled. The creditors do not have any interest right before the default. And the money that the debtor pays to the creditors. It is deducted from the interest payable by the creditors.
Comparable to Supreme Court Decision No. 2131/2560
Applicant charged defendant interest of 1.3 per cent per month or 15.6 per cent per annum , which represents interests. Exceed the legal rate. A violation Act prohibiting the interest rate higher than 2475 Article 3 of the Civil and Commercial Code, Article 654, the interest is void. The case can not be considered that the defendant deliberately violated the prohibitions of the law or any act as indiscriminate as paying off the debt knowing that they have no legal obligation to pay. The defendant will not be entitled to the property under Section 407 when the applicant's interest will be void. The loan agreement has not been agreed. The plaintiff has no interest before the default. And can not take the money that the defendant paid to the plaintiff and then deducted from the interest that the plaintiff does not have the right to think. The money must be paid to the defendant to pay the full amount of money
of the judgment. The debtor has the right to fight against the case. Take the money already paid to the creditors. It is deducted from the money. The debtor will be encouraged to make payments to the creditors. I will see the light in the debt. And doing the creditors themselves will have to think about that. Lend To help the debtor when the debtor is difficult or not. Do I have to ask for an additional guarantee or guarantor?
For those who have questions about the law and need help. Or have a good story Share experiences Send me an email to Talk to celebrity [email protected] or Facebook: James LK Attorney
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