Provide anti -guarantee for those who do not know each other, suspicious!

Being forged signatures made her an anti -guarantee responsible person; a lawsuit by a stranger made her lose the right to defense; was frozen by the bank card and put her life in trouble ... Recently, the Houma City Procuratorate in Shanxi Province passed the civil supervision by handling civil supervision together The case, unveiled the veil of false lawsuit, and the parties were innocent.

In February 2021, Ms. Lu's salary card was frozen by the bank. The consultation court learned that she was involved in a lawsuit. When consulting the case, the signature on the anti -guarantee contract and the authorized attorney shocked Ms. Lu: "I haven't signed it, this must be forged!"

Judging from the fact that the judgment was identified, in September 2015, Company A borrowed 3 million yuan from a bank. The subsequent guarantee company provided the company with joint liability guarantee, and 11 other parties provided anti -guarantee. During the borrowing period, Company A did not pay the borrowing interest to the bank on time. After the guarantee company compensated, it requested Company A to pay compensation and interest. Essence

After applying for retrial from the court, Ms. Lu applied for civil supervision to Houma Procuratorate. After preliminary review, the prosecutor found that the case applied to the trial of the simple procedure, but the 12 defendants involved in the case belonged to the situation of "the number of parties was large". It is stipulated that the simple procedure should not be applied; in addition, the 12 defendants' litigation agent Dong was recommended by a villager committee of Houma City, but the residence of the 12 defendants was not in the village, and Dong and Ms. Lu did not know each other. According to the relevant provisions of the Civil Procedure Law, Dong does not have the qualifications of litigation agents. Combined with the content of the judgment and Ms. Lu's statement, the prosecutor couldn't help asking: "Ms. Difficulty has encountered false lawsuits?"

After investigation, the judgment of the case was issued in 2018, which has exceeded the legal period of the application for retrial, and the case should not be accepted without re -trial. However, considering that the case does have procedural violations in the judicial trial, and if the anti -guarantee contract is not signed by her own, the main evidence of the fact that the case determines the fact is forgery. According to the Civil Procedure Law, Ms. Lu can know Apply for retrial within six months. Therefore, Houma City Procuratorate accepted Ms. Lu's supervision application in accordance with the law. According to the investigation of the procuratorial organs, the remaining 10 anti -guarantee responsibilities said they did not know the case, but because they did not have the property available for execution, the court only frozen Ms. Lu's account. The remaining 10 anti -guarantee responsible persons said they did not apply for procuratorial supervision.

Through the case of the case of the case, the prosecutor found that the hearing of the court that should have been sent to the Ms. Lu was signed by Dong for a sign of the court. Subsequently, the prosecutor informed the guarantee company to submit opinions, but the company claimed that the business manager at that time had left the job, and the situation of signing and sealing could not be verified.

"I want to apply for an appraisal. I have not signed these two documents!" According to Ms. Lu's wishes, the prosecutor appraised the document with Ms. Lu and the guarantee company, and notified the guarantee company's agent lawyer to witness the whole process to witness the entire process of witnessing the company's process of witnessing the whole process. Essence In the end, the identification results showed that the signature handwriting and handprints on the anti -guarantee contract and the authorized attorney were not left by Ms. Lu.

After sorting out the case, the prosecutor believed that the case was not suitable for the simple procedure. Dong did not have the qualifications of the litigation agent, and Ms. Lu did not authorize Dong to act as a lawsuit. I did not know the case and violated Ms. Lu's litigation rights; to ensure that the signature and fingerprint identification of Ms. Mids in the Anti -Guarantee Contract was not left by myself. In violation of her true intentions, Ms. Lu should not bear the responsibility of anti -guarantee on the debt involved in the case. In response, Houma City Procuratorate issued procuratorial suggestions to the court and transferred the clues of false lawsuits in the case to the public security organs.

After receiving a reply from the court's "The case was requested by the Houma Municipal People's Procuratorate", the Houma City Procuratorate submitted to the superior procuratorate to protest on the grounds of suspected false lawsuits. After the review of the Linfen Procuratorate, it filed a protest to the city's intermediate court in November 2021. In December of the same year, the Linfen Intermediate Court made a ruling and instructed the Houma City Court to re -audit. Recently, the Houma City Court made a decision to revoke Ms. Lu's anti -guarantee responsibility, and the appraisal fee was borne by the guarantee company.

(Source: Procuratorate Author: Liang Fengfeng)

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