Advocate You Can't Ignore Chapter 4

The title says it very clearly, it’s about illegal private lending.

In theory, usury is not protected by the state, and the state has special regulations on high interest rates for private loans. Even for private loans, it is not allowed to charge too high interest. If the interest rate agreed upon by the lender and the borrower exceeds the annual interest rate of 36% (the agreed interest rate ≥ 36%), the interest agreement exceeding the amount will be invalid.

Therefore, if you really borrowed usury, as long as you can repay the principal and the prescribed interest, you can go directly to the court to sue. You don’t need to find a lawyer separately. The judge in charge of filing the case at the filing window will tell you how to write the complaint and how to fight the lawsuit.

But this problem has never been solved, because this case is not the ordinary usury that is most common at this time, but the legendary loan scam.

Not to mention now, even in a few years when campus loans are all the rage, this type of loan scam will also be very troublesome.

"My daughter was tricked into borrowing money by a classmate. At first, she only borrowed 2,000 yuan, and the interest rate was not outrageously high. But the IOU specifically stated that there must be an online guarantor."

"The content of the IOU does not look harsh. If you borrow 2,000 this month, you must repay 2,400 at the beginning of next month. If you fail to repay the loan, you will not only have to pay back 2,400 to the borrower, but also 2,400 to the guarantor."

At first glance, the interest doesn't seem to be much, but who would have thought that with just such an ordinary IOU, the girl's scattered debts would eventually amount to 1.5 million!

That’s right, every time you are overdue, you have to pay the guarantor the same amount of the debt.

Therefore, the debt of two thousand four quickly became four thousand eight hundred, and the four thousand eight hundred inexplicably became nine thousand six hundred, and the nine thousand six hundred exaggeratedly rolled up to nineteen thousand two hundred... Unless it was through her family, it was impossible for the girl to come up with so much money.

"Don't worry, I can help you find a solution. Just listen to me, money is really not a big deal."

Just when the girl was at her wit's end, the borrower finally revealed his sinister true face.

He recommended his so-called friend, and he, the original creditor, naturally became the girl's new guarantor. The next round of loan-to-loan began again.

Some people may ask, why would the girl prefer to borrow more money rather than tell her parents at this point? The answer is simple - because of fear.

If two thousand was still an acceptable amount to ask for, and four thousand would at most get you scolded. But what if the amount became forty thousand?

How could the college students dare to say that even though they had never spent 40,000 yuan in their hands? But once they dared not to, there was no turning back.

"This is blatant fraud! My appeal is that these fraudsters and loan sharks be punished by law, rather than simply taking civil action. In addition, regarding repayment, I have 1.5 million, but I will never pay it out to these beasts!"

As the victim, the mother spoke very harshly, but no matter how harsh she was, she could not find a way to solve the problem.

The difficulty of this case lies in the fact that even if everyone knew that this was fraud, according to the legal provisions at that time, it did not constitute a crime because the daughter signed the contract on her own initiative while she was conscious.

"It's very troublesome. According to the current regulations, the best we can do is to reduce the amount of the last outstanding debt to 750,000 yuan in principal plus 36% annual interest. It will be very difficult to reduce it further."

"That's right. The other party is indeed playing tricks on you, but since the new loan relationship came into being, the previous contract has been completed and destroyed. So the only thing we can study now is the last loan. It's impossible, give up!"

Most of the lawyers in the lawyer district responded like this. A reward of 10,000 is already a very high amount for the small lawyers who often hang out in this district. But there is no way, they can't fight.

But it was just a coincidence that this victim ran into Daniel Mu. In his previous life, Daniel Mu had a deep understanding of this kind of loan scam. As a legal blogger, he had even written many solutions to loan scams. This little scam was nothing.

Therefore, Daniel Mu pondered for a while, quickly wrote down his answer, and then, without waiting for the other party's response, he decisively changed to the next target.

However, at this time in S City, a mother just came out of her room. The rice in her hands had already cooled down, but she hadn't touched it at all. As for the room behind her, it was deathly silent.

"My daughter, aren't you going to eat yet?"

The father sitting in the living room asked with concern.

"No."

The mother shook her head sadly.

She was the victim of a high reward in the lawyers' area. There was nothing they could do. The incident happened too suddenly. By the time they found out, the loan shark had already chased the debt to their daughter's school, and even posted a lot of messages on the school forum, shouting at their daughter to pay back the debt.

This is a school forum! Not only teachers and parents, but all students in the school can see it.

"Stay away from her. She actually borrowed money from a loan shark. Don't let her get us into trouble. ♠中文_www.zhenhunxiaoshuo.com♠"

"You just went to borrow it yourself! You didn't mortgage anything in the dormitory, did you?"

"What do you want to borrow the money for? Don't ask for... hehehe." Malice-intentioned guesses, all kinds of bad doubts, if you don't take care of yourself, you will be punished by heaven and earth. For those people around, they may be out of self-protection and fear. But for the daughter, such questioning is tantamount to tearing off her self-esteem and face, throwing it to the ground and stepping on it.

She was just cheated! The daughter tried to explain, but the loan contract was there, and all the words were pale and powerless. As for the routine loan, it has become her biggest worry. If she continues to suffer like this, problems will arise sooner or later.

Putting down the bowl, the mother turned her back and wiped her eyes. It was all their fault. If they had discovered something was wrong earlier, it wouldn't have gotten to this point.

Thinking of this, she took a deep breath and turned to ask her husband who was still reading the civil law on the sofa, "What did the lawyer I met with today say?"

"It's still the same." The husband put down the book, the white hair on his temples was particularly dazzling under the light, "The lawsuit is not easy to win. Even if we go through the civil process, we will definitely have to pay at least 750,000 yuan in compensation. The money is fine, but it's still hard to explain to my daughter at school."

"Then let these beasts go unpunished?" The mother frowned and sighed as she sat next to her husband.

At this time, the daughter who was leaning against the door and listening couldn't help but cover her sobbing mouth.

She wanted to stand up and tell her parents that it was not like that. She really didn't borrow that much money. At the beginning, it was only 2,400 yuan, and she could pay it back. But she was late by one day, and it became 4,800 yuan. She could only borrow another 2,400 yuan to repay the remaining amount. And this time, the interest on the loan was compounded to 1.5 million yuan.

One million and a half, that was enough to buy a house here! What made her even more ashamed was that her parents forgave her after she had scolded and cried. This made her feel even more ashamed.

Looking at the sad expressions on her parents' faces in the living room, the daughter felt that she could bring nothing but trouble to this family.

At this moment, she suddenly heard her mother say, "It seems that another lawyer has replied, but it's a small account."

A small lawyer? He was probably trying to trick people for the ten thousand dollars. The daughter didn't hold out much hope. But the next second she saw her father excitedly stand up from the sofa and frantically look for his phone to call the lawyer.

Five minutes later, she heard her father say to her mother, "It's done! We can file a case! I asked our lawyer, and he said we can file a case from this angle. We'll go to the court tomorrow. We've run into a big shot in the lawyer world!"

"Hurry up, let someone adopt it!"

"Really?" The daughter pushed the door open excitedly. After getting a positive answer from her parents, she covered her face and slowly cried.

Finally, there is a solution to this case.

The girl's family had a preliminary plan, and Daniel Mu soon received a payment notification that the answer was accepted. However, he only took a look and continued to look for a reward question with a good price.

Josie's case will go to trial in at most a month, and this is just the beginning.

Daniel Mu was calm, but the lawyers' area was already in an uproar. Because the real big names in the lawyer circle rarely hang out in this area, and the few who come down are rarely seen. In addition, Daniel Mu is a smurf, and almost the moment the adopted question was announced, he attracted the attention of the lawyers in the entire Q&A area.

It was a clever idea, but surprisingly simple to implement. Two methods were used to sue people involved in routine loan scams at the same time.

Civil case prosecution and criminal private prosecution.

The civil lawsuit took the loan contract as an invalid contract as its starting point.

In China, only contracts that meet the requirements for the effectiveness of a contract and can produce the expected legal effects of the contracting parties can be called valid contracts. But in this case, the girl did not get any money from the beginning to the end except for the initial two thousand! And there was no such flow in the bank card. How can a contract without money be considered a valid contract?

On the other hand, the angle of the criminal private prosecution was even more tricky. Daniel Mu asked his daughter's parents to sue for loan sharking, a new type of fraud that posed a serious threat to society, and at the same time questioned the source of funds of the loan sharks.

At this time, the term "routine loan" had not yet entered the public eye through campus loans as it did in the following years. Therefore, there was no clear legal definition. However, the Supreme Court once made special provisions for the source of funds for private lending - it must be a regular source of income.

This is something that cannot be guaranteed 100% by all loan scammers. So as long as a case is filed and the police intervene, their fate is self-evident. In the end, there will definitely be more than one tail. By then, the amount of 1.5 million yuan will really be enough for him to serve several years in prison.

"Great! It's really great!"

"I had been thinking about how to build a case for fraud, but I didn't realize I could do it in a roundabout way."

"Whose master hand is this? Please give me some advice, sir."

Some people were curious about Daniel Mu's identity behind the pseudonym. But then, they found that the rewards in the lawyer section that were always on the front page but never solved were all solved one after another! What's more frightening is that Daniel Mu's answering efficiency is very high. Often, while they are still looking at the previous difficult question, the next one has already been solved.

The issue of inheritance of illegitimate children and legitimate children---solved.

Truck overturned, oranges were looted, money lost was recovered---solved.

A consumer was cheated and reported it on 315, but the unscrupulous merchant was blamed for "spreading rumors" and had to pay 300,000 yuan in compensation - resolved.

However, within just one hour, the homepage of the Q&A section, which was originally filled with rewards, became empty.

So is this big guy here to bring warmth?

Many people watched in amazement as Daniel Mu solved the problem, taking notes while marveling at it. In the end, many lawyers couldn't help but offer rewards for their own cases in the hope of getting an answer from Daniel Mu.

Ten thousand, five hundred, three hundred, three hundred, four hundred...

As time went by, Daniel Mu's phone kept receiving notifications of account changes. By the time he got to three in the morning, there were very few cases with suitable prices on the first page. Daniel Mu stopped and rubbed his neck tiredly, but he felt much more at ease.

At this time, he already had about 20,000 yuan in his hand. It was still not much, but it was more than enough to maintain the current situation, and he could also buy some delicious food for Ava Qiao to replenish her body. The little girl was too thin, and Daniel Mu was always worried that she would not grow up.

Thinking of this, Daniel Mu calculated the time and leaned back in the chair in the Internet cafe and took a nap. At eight o'clock in the morning, he simply took care of himself and rushed to the hospital.

It was a coincidence that the policeman who saved Qiao Qiao yesterday also came. As soon as he saw Daniel Mu, he smiled and greeted him, "Lawyer Mu, Ava Qiao's parents are here. It's just that they may be emotionally..."

The policeman sighed, feeling that this family was suffering more than Coptis chinensis.

"Thank you. I'll go take a look first." Daniel Mu understood what he meant and hurried into the ward.

At the moment, in the ward, Ava Qiao was sitting on the bed. Her mother had already hugged her and cried for a while. As for Ava Qiao's father, he was squatting at the door of the hospital with his head in his hands. His strong body was hunched like an old man in his twilight years. But most of the passers-by around him only looked at his wrinkled clothes with strange eyes and covered their noses in disgust.