Recently, Mr. Cao, a citizen of Shenzhen, told Xiaoxiang Morning News that on January 31, 2022, a golfer who met on the basketball court, Mr. Deng, said that he still had not recovered the project money at the end of the year, but had to provide cars for the building, and wanted to find Mr. Cao to borrow money for emergencies.
Mr. Cao wanted to say that he had no money and had online loans to repay. But thinking that he had also been forced by debts and could not be solved, and the other party was a golfer he knew playing basketball, Mr. Cao felt that the other party must have been forced to be helpless.
Under the promise of the other party to "pay it back after a few years", Mr. Cao borrowed four thousand yuan himself and lent him. Unexpectedly, after years of delay, the other party has been prevaricating on the grounds of not returning to work and changing jobs, while Mr. Cao, who is kind enough to help, has been borrowing money to repay money and roll interest.
Later, Mr. Cao found that this Mr. Deng had borrowed money from many golfers, but it was only a small amount of a few hundred yuan. "I helped him the most, and in the end I was scolded the most." The other side has now blocked Mr. Cao.
In this regard, lawyer Li Jian of Hunan Wanhe United Law Firm suggested that the parties can sue according to law, and the small claims procedure stipulated by law will also simplify and help the parties on the road to rights protection.
Loans to golfers who say they "must live up to their trust"
Mr. Cao, who works in Shenzhen, likes to play on a public court after work. He felt that the place conveyed a very positive energy, and everyone was immersed in the joy of sports. He also made a lot of friends there, and he made appointments as soon as he had time off work.
On January 31 this year, a golfer surnamed Deng suddenly sent a WeChat message to ask Mr. Cao to borrow money. Mr. Cao remembers the golfer, who used to come to the stadium in the second half of last year.
Mr. Deng said: "Is it convenient for WeChat to borrow a thousand? Years later to pay you back, now the car is not enough money, want to ask you to borrow, brother. ”
Mr. Cao sent a screenshot of his online loan installment in the past, saying that it was not that he did not borrow, but that he really did not have money.
Subsequently, Mr. Deng came back to Mr. Cao, saying that he had borrowed eight hundred yuan, and could he borrow two hundred yuan from him. Mr. Deng said that he was embarrassed to borrow money in the New Year, but there was no way to get the project money, and he wanted to borrow some money to transition and repay it after a few years.
According to Mr. Cao's recollection, he believed in the character of his golfers at that time, thinking that everyone was a group of people with positive energy, and that there was definitely no way to find himself in the New Year. I have also experienced the feeling of being forced by debt, "I didn't have anyone brave enough to stand up and pull me at that time." So he said that he still had an online loan line and could help Mr. Deng with a loan, and Mr. Deng promised to pay it off in March, and the amount of the loan rose from 200 yuan to 4,000 yuan.
After receiving the money, Mr. Deng said to Mr. Cao: "How do you believe in me so much, you will not be disappointed, thank you brother." ”
Two days later, Mr. Deng sent another WeChat message and asked Mr. Cao if he could help borrow two thousand more emergencies. Mr. Cao said that he really did not have it. He was also a little nervous, and told Mr. Deng that he must repay the money at the end of the month, and he did not want to be on the credit list late.
After repeated urging, the other party said "Did I force you to lend me money?" and then pulled black
On February 22, Mr. Cao urged Mr. Deng, who had not been in contact with him: "Haven't you paid yet?" It's only been five days. The other party said that he had not been able to return to work due to the epidemic, "I am trying to find a way." ”
On February 24, Mr. Cao received a reply that he was still "trying to figure out a way." Since then, the two have communicated many times in the past month, but Mr. Deng has always said that he has not been able to return to work, "asking others to borrow money", "I also want to pay you back, but I can't get it.". In the end, the loan was overdue, and Mr. Cao could only borrow money to repay it first.
In early April, Mr. Cao contacted Mr. Deng again, saying that he planned to resign and return to his hometown in May, hoping that he would be able to repay the 4,000 yuan. After several urgings, Mr. Deng asked himself if he could repay it in installments, and the new monthly salary was not enough. Mr. Cao felt that he should not bear the debt pressure by himself, and hoped that the other party would pay it back at one time.
At the same time, Mr. Cao learned from other golfers that Mr. Deng had also borrowed a small amount of money from them and had not repaid it.
"Did I force you to lend it to me?" "Pay it back and add it back to you!" On April 20, the two sides tore their faces, and Mr. Deng blacked Mr. Cao the next day.
Mr. Cao was very angry, he was kind enough to help, but now he has become a "fool" in everyone's mouth, and four thousand yuan is not an easy amount for him. He went to the police, but the police said that the current situation could not constitute fraud. If you find a lawyer, the cost of a lawyer alone is several thousand. "I've been angry these days." Mr. Cao said indignantly.
On February 22, Mr. Cao urged Mr. Deng, who had not been in contact with him: "Haven't you paid yet?" It's only been five days. The other party said that he had not been able to return to work due to the epidemic, "I am trying to find a way." ”
On February 24, Mr. Cao received a reply that he was still "trying to figure out a way." Since then, the two have communicated many times in the past month, but Mr. Deng has always said that he has not been able to return to work, "asking others to borrow money", "I also want to pay you back, but I can't get it.". In the end, the loan was overdue, and Mr. Cao could only borrow money to repay it first.
In early April, Mr. Cao contacted Mr. Deng again, saying that he planned to resign and return to his hometown in May, hoping that he would be able to repay the 4,000 yuan. After several urgings, Mr. Deng asked himself if he could repay it in installments, and the new monthly salary was not enough. Mr. Cao felt that he should not bear the debt pressure by himself, and hoped that the other party would pay it back at one time.
At the same time, Mr. Cao learned from other golfers that Mr. Deng had also borrowed a small amount of money from them and had not repaid it.
"Did I force you to lend it to me?" "Pay it back and add it back to you!" On April 20, the two sides tore their faces, and Mr. Deng blacked Mr. Cao the next day.
Mr. Cao was very angry, he was kind enough to help, but now he has become a "fool" in everyone's mouth, and four thousand yuan is not an easy amount for him. He went to the police, but the police said that the current situation could not constitute fraud. If you find a lawyer, the cost of a lawyer alone is several thousand. "I've been angry these days." Mr. Cao said indignantly.
Lawyer: It is recommended that the parties sue according to law
Focus: How should Mr. Cao protect his rights and interests?
Li Jian, a lawyer at Hunan Wanhe United Law Firm, said that according to Article 167 of the Civil Code, the people's court applying the procedure of small claims to try a case may conclude the trial at one time and pronounce the judgment in court. At the same time, the law stipulates that the people's court applying the procedures of small claims to try a case shall conclude the trial within two months from the date of filing the case. Therefore, in the face of this situation, it is suggested that the parties can sue according to law, and the small claims procedure prescribed by law will also simplify and help the parties on the road to rights protection.
Xiaoxiang Morning News reporter Wu Chen Xingzi