I. Legal effect of repayment agreement
The repayment agreement belongs to the contract, and the legal effect of the repayment agreement needs to have the elements stipulated by law.
First of all, both parties should be consistent in expression and meaning, which is the premise of the establishment of the contract;
Secondly, the content of the agreement does not violate the prohibitive provisions of laws and regulations, which is the premise of the validity of the contract; If both parties to the agreement have corresponding civil capacity, the subject matter pointed by civil rights and obligations belongs to them, and so on;
Finally, the conditions for the entry into force of the agreement have been met. If the conditions for entry into force are not agreed, it will take effect after being signed or sealed by both parties. If the effective conditions are agreed, both parties should not only sign or seal the agreement, but also meet the effective conditions.
Specific to the repayment agreement, first of all, both parties should have a creditor-debtor relationship, secondly, the contents agreed in the repayment agreement do not violate the prohibition provisions of the law, and finally, both parties should sign or seal it in a standardized manner.
Second, the repayment agreement mode
Party A (creditor):
ID number:
Party B (debtor):
Legal representative:
Address:
Business license registration number:
Party C (guarantor):
Legal representative:
Business license registration number:
Entrusted agent:
ID number:
Party D (guarantor):
Legal representative:
Business license registration number:
Entrusted agent:
ID number:
According to the General Principles of Civil Law and other relevant laws and regulations, Party A, Party B, Party C and Party D, through consultation, have reached the following agreement on matters related to Party B's borrowing from Party A:
Rule number one. After reconciliation, Party A and Party B confirm that by the end of the year, Party B still owes Party A RMB Yuan only (subtotal: RMB Yuan).
Article 2. As Party B fails to fulfill its repayment obligations due to financial difficulties, in order to ensure the early realization of Party A's creditor's rights, Party B promises to repay in the following ways:
1. Party B promises to repay the outstanding loan of RMB (subtotal: RMB) before.
2. Party B promises to repay the outstanding loan in RMB (subtotal: RMB) before.
3. Party B promises to repay the outstanding loan in RMB (subtotal: RMB) before.
4. Party B promises to pay off the loan in RMB (subtotal: RMB) before.
5. If Party B fails to pay the down payment in full according to the above time, Party A has the right to apply for compulsory execution of the remaining loan. All expenses (including but not limited to legal fees, preservation fees, appraisal fees, evaluation fees, auction fees, attorney fees, execution fees, etc.). The liquidated damages arising from Party A's claim for rights shall be borne by Party B, and Party B shall also pay 65,438+00% of the loan owed to Party A. ..
Article 3. loan guarantee
1. Party C and Party D voluntarily undertake joint and several liability guarantee for Party A's creditor's rights against Party B under this Contract. If Party B fails to pay off the debts to Party A as agreed in this Contract, Party C and Party D guarantee to pay off Party B's debts to Party A within three working days after the repayment period expires.
2. After Party C and Party D repay the loan provided by Party A to Party B on behalf of Party B, they will become new creditors of Party B, and all the rights enjoyed by Party A to Party B will be immediately transferred to Party C and Party D.. Party B shall repay the loan principal and interest, liquidated damages and compensation owed to Party C and Party D within three days after Party C and Party D repay the loan on their behalf.
Article 4: Dispute Resolution Method
In case of any dispute during the performance of this contract, it can be settled through negotiation by the four parties. If negotiation fails, it may be submitted to Luoyang Arbitration Commission for arbitration.
Entry into force of contract
This contract shall come into effect after being signed by Party A, fingerprinted, signed and sealed by Party B, Party C and Party D. ..
This contract is made in quadruplicate.
Statement clause
1, Party A, Party B, Party C and Party D have read all the terms of this contract in detail, are fully familiar with and fully understand the meaning of the terms of this contract and the corresponding legal consequences, and have the same understanding and no objection.
2. Party A, Party B, Party C and Party D have the right to sign this contract.
Party A (creditor): Party B (debtor):
Year? Month? Day? Year? Month? sun
Party C (guarantor)
Year? Month? sun
Party D (guarantor):
Year? Month? sun
Contract signing place:
Please click to enter the picture description (maximum 18 words).
How to write an application for repayment by agreement?
The borrower (person) borrowed money from XX (in words). Due to XX and other reasons, your company paid a loan on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Hereby apply
Borrower (signature): _ _ _ _?
Guarantor (signature): _ _ _ _ _
Approval opinion of the person in charge of the company: the company _ _ _ _ _ _ _ _
Extended data
If the credit card is overdue because it hasn't arrived yet, you should pay attention when writing an application for repayment negotiation with the bank. First, write your real name, then write down the overdue card type and bank, and then write down the overdue situation clearly, when, how long and how much.
Write this information clearly, and then explain in detail the reasons for the overdue. For example, if there is an accident, it needs to be explained. After writing down the reasons clearly, express your willingness to repay, and then make a repayment request through consultation, and apply for delaying repayment or stopping interest payment.
How to write the application for negotiation repayment of rural commercial banks?
The application for agreed repayment of rural commercial banks is as follows:
1. Agreement repayment application If it is a credit card agreement repayment application, the content should include personal basic information of the credit card, card type, bank to which the card belongs, overdue time, overdue amount, overdue reason, etc., and then make agreement repayment.
2. If the loan repayment application is negotiated, the contents shall include the borrower, loan date, loan amount, loan purpose and overdue reasons, and the contents of negotiation shall also be included.
Application is a tool for individuals or collectives to express their wishes and make demands to organizations, organs, enterprises, institutions or social groups. The application form is widely used, and it is also a special letter. Like ordinary letters, it is also a tool to express emotions.
How to write an application for negotiated repayment?
If it is an application for negotiated repayment, you can write that you have no repayment ability for the time being, but only partial repayment ability, and then negotiate repayment with a bank or loan platform, and repay part of the loan first and the rest later.
Negotiate repayment.
Most of my friends don't want to give up after loans overdue. They usually choose to solve the problem by stages to avoid being sued.
The role of negotiating repayment has a scope of application. These people want to pay back the money, but they can't pay it back in full! If it is only to avoid prosecution and collection, then even after consultation with the bank, it is still impossible to fulfill the repayment, and all efforts are in vain, or return to the issue of collection and litigation.
Have we thought about the ultimate goal of the negotiation under the premise that we have completely lost our repayment ability? Why negotiate? The purpose of negotiation is only to avoid litigation. Still not collecting? After the negotiation is successful, how to fulfill the debt repayment obligation? If you can't fulfill your repayment obligations, how will you face the problem of litigation?
These three questions are contradictory in any way, but most borrowers should think about it, because this is the real meaning that negotiation can bring you. If you really have no repayment ability at all, negotiation is not the most important thing before you. Many people are unemployed or have no income for a long time. The most important thing before you is to concentrate on your work, increase your income, or enhance your value.
Therefore, if you really don't have money, then the focus should be on submitting several resumes and interviewing several companies, because the borrower must know that he has no money, so what else can he talk to others? Where is your sincerity? The purpose of the bank is also to need you to repay. Don't treat the bank as a charity. Repeated dishonesty in the bank will only bring greater influence to yourself.
The more this time, you should focus on your own work and how to improve your personal earning ability, instead of thinking about how long you will be sued by the bank every day and when the collection will come to your door. This won't solve your immediate predicament, it will only increase your troubles.
Instead of counting your fingers every day and thinking about how long you will be sued, you should concentrate all your attention on your work and improve your ability-this will not solve the dilemma, but will only increase your troubles. Remember that banks are not charities, they need money, not their own feeble explanations, and making money hard is the best way to solve the arrears!