Divorced, why did you fly "no debt"?

A divorce agreement was signed, which stated that there was no common property and no joint creditor's rights and debts during the existence of the husband and wife, and That Liu Yun (pseudonym) and her ex-husband had "gathered and dispersed". Unexpectedly, after 6 years of divorce, Liu Yun was still involved in her ex-husband's huge debt of one million yuan.

At the beginning of the storm, the property was inexplicably seized

"Can't do it? My house is seized? At the beginning of 2019, when Liu Yun was handling business in the local real estate management department, he accidentally learned that the property under his name had been seized by the court, and he was also restricted from high consumption. Liu Yun wondered why the property was suddenly seized by the court because he did not owe any debts and had not been sued. She hurriedly consulted the staff and checked the sealing documents, only to learn that it was related to her ex-husband Wang Qiang (pseudonym). She called Wang Qiang for the first time and asked, "Why did you and I become executors?!" ”

"It's not because of my dad!" In 2008, he was short of money for the project, borrowed 600,000 yuan with his friend and has not been able to repay, his friend urged every day, in November 2011, when we were not divorced, I wrote an "irrevocable commitment letter" according to his friend's request, transferred our house to him to pay off the debt, and called you to ask for your opinion at that time. ”

"I didn't agree at the time!" Liu Yun said.

"The creditor asked us to sign, and you didn't agree, so I signed your name and pressed your fingerprints." Later, when the lawsuit was fought in 2017, the court ordered us to pay us back. The house was also auctioned by the bank to others because of the bank loan, and the court ordered us to repay the money. Wang Qiang explained.

Originally, the court of first instance found that Wang Qiang and Liu Yun voluntarily performed their repayment obligations on behalf of Wang Qiang's father according to this "Irrevocable Commitment", which was a debt join. On March 8, 2018, the court of first instance ordered Wang Qiang's father and son and Liu Yun to jointly repay the principal of the loan of 600,000 yuan, overdue interest and liquidated damages of 120,000 yuan. After Wang Qiang's father and son appealed, on September 28, 2018, the court of second instance ruled to reject the appeal and uphold the original judgment.

Knowing the ins and outs of the matter, Liu Yun felt very aggrieved. She had never signed or pressed her handprint on this Irrevocable Pledge! Due to reasons such as the change of address after the divorce, she also did not receive the summons and judgment documents for the trial, and missed the first and second instances. And after divorcing Wang Qiang in 2013, she moved to a foreign country and remarried and had a son, and now she is just pregnant with her second child, and what was seized was the property she and her current husband jointly funded.

Liu Yun was so anxious that he applied to the court for a retrial. Wang Qiang also submitted a written opinion, admitting that he signed and pressed the fingerprint on behalf of Liu Yun. However, it was too late, and the court did not accept his claim after review, and rejected Liu Yun's retrial application in May 2019.

Speechless? Identification of reinforcing new evidence

After the retrial results came out, thinking that she would have to face the blame of her current husband, and the embarrassment that the property might be auctioned off and had nowhere to live, Liu Yun felt that the sky was dark, although she was pregnant, she could not wait for a moment. In June 2019, Liu Yun held out a glimmer of hope and submitted a supervision application to the Xuzhou Municipal Procuratorate in Jiangsu Province.

Liu Yun only provided the procurator with written proof that Wang Qiang was not in the local area when she issued the letter of commitment, and the procurator conducted a comprehensive review of the case by reviewing the file, and checked wang Qiang, witnesses in court, and outsiders to the case several times, to find out that the letter of commitment was unilaterally issued by Wang Qiang, and signed and stamped on behalf of Liu Yun, and at the same time, the source of the loan excluded the possibility of routine loans, and the search for related cases excluded the possibility of professional lending.

The procurator handling the case believes that verbal evidence alone is not enough, and whether the letter of commitment is liu yun's signature and stamp needs to start a professional forensic evaluation procedure. Liu Yun also insisted that he did not sign and agreed to restore the truth through judicial appraisal.

In order to ensure the authenticity of the appraisal materials and the reliability of the appraisal results, the procurator retrieved the original transaction file of Liu Yun's sale of the property in July 2011 from the real estate management department in accordance with the law, and entrusted it to a judicial appraisal institution in Nanjing to identify it with all the signatures of "Liu Yun" in the file. After appraisal, the signature of "Liu Yun" on the "Irrevocable Commitment Letter" was not written by himself, and the red fingerprint on the right side of the "Liu Yun" signature was not left by himself.

The procurator's review held that, based on the above-mentioned appraisal opinions and combined with the statements of relevant personnel, it can be confirmed that the letter of commitment involved in the case was unilaterally signed by Wang Qiang, and Liu Yun neither signed the commitment nor expressed his intention to jointly repay the debts involved in the case with Wang Qiang, which does not constitute debt participation. Moreover, Wang Qiang's father made it clear that the loan was used for the project, and the lender failed to provide evidence to confirm that the borrowed money was used for The common life or operation of Wang Qiang and Liu Yun during the existence of the marital relationship, and the debt could not be recognized as the joint debt of the husband and wife. Therefore, Liu Yun should not bear the responsibility for repayment of the debts involved in the case.

On November 11, 2019, the procuratorate issued a retrial recommendation to the court on the grounds that there was new evidence sufficient to overturn the original judgment.

The case was changed to a verdict, why the high-speed rail can not sit

After receiving the procuratorial recommendation for retrial, the court initiated a retrial of the case and rendered a retrial judgment on August 19, 2021, changing the judgment that Liu Yun would not bear the responsibility for repayment.

The "Irrevocable Commitment" was finally "revoked", and Liu Yun no longer had to bear inexplicable debts. But Liu Yun found that she still couldn't buy high-speed rail tickets, so she couldn't make the trip if she wanted to thank the prosecutor handling the case in person.

After the procurator handling the case learned of this situation, he realized that although the effective judgment in this case was changed, the enforcement court did not promptly lift the restrictions on high consumption and delete the information of the judgment defaulter for Liu Yun, which affected Liu Yun's credit and travel, and caused inconvenience in her life. After further verification, on September 26, 2021, the procuratorial organ issued a procuratorial recommendation to the enforcement court, recommending that the enforcement punitive measures taken against Liu Yun be revoked in accordance with the law, and the court adopted the procuratorial recommendation in accordance with the law.

"Fortunately, you helped me restore the truth of the matter, without having to carry this huge debt of nearly one million yuan, travel is also convenient, I am now much more relaxed, and my family is harmonious." Recently, liu yun, in spite of the good intentions and persuasion of the procurator handling the case, came by high-speed rail, delivered a pennant with the words "Standing for the Procuratorate for the Public, Law Enforcement for the People" to the hands of the procurator, and expressed her gratitude to her face, thanking the procuratorial organs for safeguarding her legitimate rights and interests through comprehensive and timely legal supervision and calming down a twist and turn on the road to her happy life.

(Source: Procuratorial Daily Author: Guan Ying, Jiang Ming, Xia Huichun)