The legal basis for the defendant to appear in court in person in private lending.

Article 28 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases: After both borrowers and borrowers settle the principal and interest of the previous loan, they will include the interest in the principal of the latter loan and reissue the creditor's rights certificate. If the interest rate in the early stage does not exceed four times the market quotation of the one-year loan when the contract is established, the amount specified in the reissued creditor's rights certificate can be confirmed as the loan principal in the later stage. The overcharged interest shall not be used as the loan principal in the future. According to the calculation in the preceding paragraph, if the sum of the principal and interest that the borrower should pay after the expiration of the loan term exceeds the sum of the interest of the whole loan term based on the initial loan principal and calculated at four times the quoted interest rate of the one-year loan market when the contract is established, the people's court will not support it. Article 674 of the Civil Code The borrower shall pay interest within the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan. (1) Ten Points for Attention in Private Lending, 1. Lending must be legal, and legal lending relationship can be protected by law. If the borrower knows that the loan is used for fraud, drug trafficking, drug abuse and other illegal activities, the national laws will not protect it, and the lender will not only get the creditor's rights, but also be punished by civil, administrative and even criminal laws. 2. Pay attention to the borrower's reputation and repayment ability. First of all, we should look at the borrower's fixed assets and economic income to judge whether it has repayment ability; Secondly, it depends on the borrower's usual behavior and credibility. If the borrower has a bad credit record of "borrowing and not paying back", he must resolutely refuse. 3. Conclude an agreement. In real life, when some lenders borrow money, they often do not issue a written certificate because the other party is a relative or friend, out of respect or out of trust. In this way, once the borrower denies it, it is difficult for the lender to protect the creditor's rights. Even if you go to court, you will end up losing because you can't prove it. 4. The interest rate should be legal, and the borrower and the lender can agree on a reasonable interest rate according to the purpose of the loan and its income. The interest rate may be appropriately higher than the bank's interest rate for similar loans in the same period, but the maximum interest rate shall not exceed 4 times (including interest rate) of the bank's similar loans, and the excess interest rate is not protected by law. 5. Provide guarantee. For loans with large amount or high risk, the procedures of guarantee and mortgage shall be performed, and the borrower shall be required to provide a third party with certain economic strength as a guarantee, or to use personal property such as certificates of deposit, bonds, motor vehicles and real estate as collateral, and a written loan agreement shall be concluded. 6. Collect in time. The limitation period for the lender to apply to the people's court for creditor's rights protection is 2 years. If two years have passed since the maturity of the loan, and the lender cannot prove that it has been collected during the period, the law will not protect it. 7. Through the application of laws, if the borrower fails to perform his credit, the creditor shall not take excessive illegal acts such as hostage-taking and forcible seizure of goods, but shall correctly use legal weapons to safeguard his legitimate rights and interests. When necessary, the court may take compulsory measures. 8. Beware of "illegal fund-raising" private lending. Some individual enterprises or owners take advantage of people's greed for high profits, throw high-interest bait, and illegally raise funds underground between people in the same area or familiar people. Such fund-raising operators are either profligate and unable to repay, or abscond with money, leaving creditors with nothing to lose. 9. When signing a contract, most private loans are in the form of "IOUs" to represent the contract, which is generally acceptable. However, due to the simplicity of IOUs, it is difficult to handle disputes on this basis. Therefore, it is best for borrowers and borrowers to sign a formal loan contract, specifying the rights and obligations of both parties in detail, so as to avoid future troubles. 10, interest agreement, in private lending, the most likely contradiction between borrowers and lenders is interest. If the borrower does not have the same currency, he can repay it in RMB with reference to the foreign exchange rate at the time of repayment. If the lender requests to pay interest, it may calculate the interest with reference to the foreign currency savings rate of China Bank. Private lending within the scope of the law is legal, but if you don't pay it back, you can sell your house and pay it back with its house money. Moreover, it is directly offset by the house, which lacks the normal valuation procedure and is extremely unfavorable for the protection of its own interests. If you voluntarily use your own house to pay off debts, the law does not explicitly prohibit it. If you only have one house and a cohabitant, and the creditor applies for enforcement, the court will not support you to pay off your debts with your house. The key is whether you volunteered or not.

Legal objectivity:

Article 144 of the Civil Procedure Law of People's Republic of China (PRC) * * * After being summoned, if the defendant refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, he may make a judgment by default.