I wonder if anyone has ever thought that if their identity is fraudulently used, will they be liable for the debt, or if we fraudulently use the identity of a deceased person who has not yet registered the death in the public security system to borrow money, will we not have to pay back?
And if we are a creditor or a fraudulent, how can we protect our legitimate rights and interests in the face of infringement of our own rights and interests?
Below, Brother Mata will combine two examples to tell you how to get rid of the debts after your name or identity information is fraudulently used and borrowed?
Friends who haven't followed Brother Mata can like and follow Brother Mata. If you have a loan dispute with an amount of more than 1 million, and the appellate court is in Chengdu, then you can tell your story to Brother Mata, and it may be able to help you.
1. Fraudulent IOU
In the relationship between husband and wife, we often find that there is a phenomenon of fraudulent IOUs. And because the creditor has always known that the debtor's husband and wife have borrowed money after reaching a consensus, they do not care about one of the debtors signing the IOU, but in the enforcement stage, whether the IOU is fraudulent is extremely critical and important.
In Luzhai County, Guangxi Zhuang Autonomous Region, villagers Chen and Liu are friends, one day, Liu said that he needed capital turnover to do business, borrowed 30,000 yuan from his friend Chen, and signed an IOU. Later, Liu stopped repaying the debt after repaying 3,000 yuan.
In desperation, Chen finally sued Liu to the Zhongdu Court in March 2024, and asked Liu and his wife Qin to jointly repay the debt, and provided an IOU jointly signed by Liu and Qin as evidence.
Logically speaking, if the names of both husband and wife appear on the IOU, it proves that both husband and wife have approved the loan and will bear the corresponding responsibility for repaying the debt. However, there was a problem with the IOU provided by Chen that contained the signature of Liu's father.
In the pre-trial mediation, Qin told the presiding judge that the IOU was signed by her husband Liu in his name, and she was not liable for repayment. At the same time, when the judge questioned, Chen and Liu both expressed their approval of the matter, and both said that Liu's wife did not sign the IOU at the scene, and the account that accepted Chen's loan was not an account in Qin's name.
Then, Qin's signature on the IOU belongs to Liu's fraudulent signature. Therefore, if Chen still wants to add Qin as a joint debt repayer, he needs to provide the loan for Liu and Qin to live or operate together. Otherwise, the loan can only be repaid by the borrower and not by anyone else.
If we are the person who has been fraudulently signed, we must file an appeal with the court as soon as we know that the fraudulent visa has been impersonated, and revoke the responsibility for the fraudulent visa.
But if we are creditors, when we sign a joint contract, it must be signed by multiple parties and fingerprinted. Any fraudulent contract, IOU, etc., is not recognized by law as being fraudulently signed. Even if a consensus is reached offline, one of the parties has something to do and leaves temporarily and cannot sign. You should also wait for the other party to come back and sign in person, and don't let the other party sign fraudulently.
2. Fraudulent use of identity
In addition to fraudulent IOUs, there are actually fraudulent identity loans. For example, a woman in Chongqing was "resurrected" many years after her death and was saddled with a loan of up to 1.39 million yuan.
In January 2023, the Jiangjin District Court of Chongqing Municipality accepted the application of a bank in Jiangjin to enforce Chen's notarized loan, and the amount of enforcement reached 1.39 million yuan. However, when the court conducted an asset inquiry, it found that the identity information of the person subject to enforcement, Chen, could not be verified.
Subsequently, the executive judge launched an investigation and found that Chen had died in 1998. So the question is, who is Chen who borrowed money?
Later, the enforcement judge learned at the local police station that Cheng had indeed died in 1998, but he had not closed his account in time. Therefore, in 2014, Chen's cousin Chen Mouyi used false materials to apply for an ID card at the local police station for her own use, and in addition, she also used the ID card to apply for five credit cards for her own consumption.
After grasping the conclusive evidence, the enforcement judge immediately summoned Chen Mouyi to the court to explain the situation. In the face of ironclad evidence, Chen Mouyi truthfully confessed that he had fraudulently obtained an ID card and used a fraudulent ID card to get a bank loan.
In March 2024, the procuratorate prosecuted Chen Mouyi and received corresponding punishments, but the court also rejected the enforcement application of a bank in Jiangjin in accordance with the law, and informed it that it could directly sue Chen Mouyi to claim rights.
Why did the court reject the application for compulsory enforcement of a certain bank in Jiangjin? Because the matter is not right, and the person is not right, only one subject (additional person is also acceptable) can be enforced in a case, which can be a husband and wife, a company, or a team, but it cannot enforce a person who has nothing to do with the case.
Although Chen Mouyi fraudulently used Chen's ID card, the two parties to the contract are a bank in Jiangjin and Chen, and Chen MouB has nothing to do with it, so the court cannot directly enforce Chen Mouyi. However, a bank in Jiangjin can sue Chen for fraudulent identity fraud, and after the facts are clear, Chen can repay Chen B's loan, and then apply for compulsory enforcement.
Therefore, the majority of creditors must be clear that things are for things and people for people, and they must not be strung together. For example, if A owes B and B owes C money, then when applicant C enforces it, the court cannot skip B to enforce A, even if there is a provision for subrogation, it must first file a subrogation lawsuit with the court to prove the debt relationship between A and B and C before it can be subrogated.
The above two cases tell us that when a creditor encounters someone else's fraudulent identity, the person who is fraudulently used or the person who is fraudulently signed does not bear the corresponding responsibility. Therefore, when signing the relevant contracts, IOUs, IOUs, etc., it is best for the parties to sign them in person.
When we lend funds, we must also consider many aspects, do not be blinded by emotions for a while, and do not let the principal be lost for high interest.
3. Debt collection methods
When we lend, in addition to considering that all parties must sign in person, it is more important to control the amount of money lent, and we must not let the amount of money lent affect our normal life.
Although we don't want to encounter the problem of borrowing money and not repaying it, in terms of current social trust, the possibility of encountering such a problem is very high, so we must control the proportion of borrowing.
If the other party can be detained, the other party must be detained as much as possible, and among all the current means, detention and sentencing are the best ways to make the debtor repay the money.
Finally, it may be helpful to provide a solution for friends who are really desperate, that is, if the court of appeal is in Chengdu, and the amount owed by the other party exceeds 1 million, and the application for enforcement has been more than 3 years, but there is still no effect. Brother Ma suggested that you can tell the story to Brother Ma and teach you to subdue the old man.
In addition, it should be reaffirmed that the courts are a place where legal fairness and justice are demonstrated, and the Court Enforcement Directorate is also faced with the reality of insufficient manpower. Therefore, if you simply hope that the court can complete everything except your appeal and help you successfully get the debt, you must be prepared for the possibility of failure.
All debtors must remember that it is not only the responsibility of the court but also the responsibility of the creditor to recover the debt. If the creditors don't take the initiative, who will take the initiative to help you? The litigation fees and compulsory fees collected by the court are not used as fees for market transactions. So, everyone must understand!
Finally, friends who haven't followed Mata Brother yet, you can quickly follow Mata Ge!