08-018 · EVIDENCE A · SOURCE-SENSITIVE
Write a clear loan agreement when lending money; think carefully before agreeing to be a guarantor
借钱写清借条，替人担保前先想清楚自己愿不愿意替他还
There is no cost involved. Simply use a piece of paper to list the lender, borrower, amount, interest rate, term, and repayment method, then have both parties sign it. Transfer the money electronically to leave a paper trail; never hand over cash.
The loan agreement must include all essential details: who the lender and borrower are, the amount, interest rate, term, and repayment method, plus signatures from both sides. Use a bank transfer instead of cash to make legal enforcement easier. Before agreeing to be a guarantor, check whether the contract mentions “joint and several liability.” Under ordinary guarantee arrangements, creditors must first sue the borrower and exhaust all collection efforts before seeking payment from you. However, if you sign a joint and several liability guarantee, creditors can demand repayment from you directly.
A
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What the source says
The source summarizes the return this way: “The loan agreement must include all essential details: who the lender and borrower are, the amount, interest rate, term, and repayment method, plus signatures from both sides. Use a bank transfer instead of cash to make legal enforcement easier. Before agreeing to be a guarantor, check whether the contract mentions “joint and several liability.” Under ordinary guarantee arrangements, creditors must first sue the borrower and exhaust all collection efforts before seeking payment from you. However, if you sign a joint and several liability guarantee, creditors can demand repayment from you directly.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
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THE ENGLISH EDITION
Original recommendation and evidence
18. Write a clear loan agreement when lending money; think carefully before agreeing to be a guarantor
Cost: There is no cost involved. Simply use a piece of paper to list the lender, borrower, amount, interest rate, term, and repayment method, then have both parties sign it. Transfer the money electronically to leave a paper trail; never hand over cash.
In plain terms: The loan agreement must include all essential details: who the lender and borrower are, the amount, interest rate, term, and repayment method, plus signatures from both sides. Use a bank transfer instead of cash to make legal enforcement easier. Before agreeing to be a guarantor, check whether the contract mentions “joint and several liability.” Under ordinary guarantee arrangements, creditors must first sue the borrower and exhaust all collection efforts before seeking payment from you. However, if you sign a joint and several liability guarantee, creditors can demand repayment from you directly.
Benefit: Loan contracts should be in writing and contain information such as the type of loan, currency, purpose, amount, interest rate, term, and repayment method. This makes it easier to pursue legal action if needed. If a guarantee contract does not specify the type of guarantee or is otherwise vague, it is interpreted as an ordinary guarantee. Under such terms, creditors must first sue the borrower and attempt to enforce payment before turning to the guarantor. Conversely, a joint and several liability guarantee removes this protection; creditors may demand repayment from the guarantor immediately (nationwide).
Evidence grade: A
Sources: National People's Congress (2020). Civil Code (Articles 668, 681, 686, 687). <https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml>
Notes: Any interest charged above four times the LPR is not legally enforceable; see Section 7 for details. It is advisable to include the borrower’s ID number and label the document as a “loan agreement.” Whether or not the guarantee contract contains the phrase “joint and several liability” determines whether you are secondary to the borrower or equally liable — be sure to review this before signing.
Read the complete Chinese source and notes
18. 借钱写清借条，替人担保前先想清楚自己愿不愿意替他还
成本: 不花钱。用一张纸写清出借人、借款人、金额、利率、期限和还款方式，双方签名。钱走转账，留下痕迹，不给现金。
说人话: 借条要写全：出借人、借款人、金额、利率、期限、还款方式，双方签名。钱走转账，不给现金，写全了才好起诉。替人担保时看清有没有「连带」两个字。一般保证是等债权人先告了借款人、执行不到钱，才轮到你。写了连带责任保证，债权人可以直接找你要。
收益: 借款合同应当采用书面形式，内容一般包括借款的种类、币种、用途、数额、利率、期限和还款方式。写全了才好起诉。担保合同没写清按哪种方式保证，或者写得不清楚的，按一般保证算。一般保证的担保人可以先等着：要债的人得先去起诉或者仲裁，再申请强制执行借款人的财产，执行完还是还不上，才轮到你替他还。反过来，签了「连带责任保证」就没有这层保护，要债的人可以直接找你要（全国）
证据等级: A
来源: 全国人大 (2020). 民法典（第六百六十八、六百八十一、六百八十六、六百八十七条）. <https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml>
备注: 借出去的钱，利息超过 4 倍 LPR 的那一部分法院不保护，见第 7 节。借条上写身份证号、注明「借款」是经验做法。担保书上有没有「连带」两个字，决定你是排在借款人后面，还是和他并排被要债，签之前看清楚。说好让你当担保人，实际签的却是借款合同，见第 45 条（借款人是你，不是担保人）。
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