After being signed by her husband, she carried more than 39 million yuan in debt ...
Author:Hangzhou Procuratorate Time:2022.08.12
"It's not my signature" My signature "." A woman hurried to the procuratorate for help. What was going on?
One day in 2020, Ms. Zhou accidentally received a notice from the court. The notice said that her husband Jinmou borrowed millions of yuan, and due to failure to return it in time, the borrower Xu applied to the court for compulsory execution of the two husbands and wives.
Ms. Zhou was embarrassed. For more than ten years of marriage, her husband has been running out of the project outside. She stays in her hometown and brings her children. Although she is a husband and wife, she has rarely met in two places. Independent, how can you become a co -borrower?
It turned out that Jin Mou borrowed more than 3.9 million yuan from his friend Xu due to the needs of the contracting project. Jin Mouyuan intends to return the money after the project is successfully ended. Who knows that there is a problem in the middle. Jin and Ms. Zhou were complained to the court with Xu, asking for repayment.
The People's Mediation Commission organized a mediation of the civil loan dispute. In order to win the mediation success, Jin submitted his wife Ms. Zhou's "Authorized Entrusting Book" to the mediator. The entrusted letter stated that Ms. Zhou commissioned her husband Jin to act as a lawsuit agent for this civil lending dispute.
In the end, the dispute mediation was successful, and the court issued a civil ruling that confirmed the mediation agreement, requiring Ms. Jin to repay within the prescribed time.
I didn't know it, and I didn't sign it, but I inexplicably put on millions of yuan in debt. Ms. Zhou filed an objection to the court, but was not adopted. After that, she applied to the court for retrial, but the case was a case of applicable non -litigation procedures. The parties were not allowed to apply for retrial, so her application was rejected.
In desperation, Ms. Zhou came to the Tonglu County Study Center for help, and submitted an application for supervision with the People's Procuratorate of Tonglu County.
After the Tonglu County People's Procuratorate was accepted, all cases were retrieved, which conducted a comprehensive and detailed review of the case. Prosecutors found that the "Authorized Entrusted Book" was a key issue in this case. According to Ms. Zhou, she did not know the loan at all, and she did not sign the "Authorized Point Book". So, how did the signature of the "Authorized Point Book" come from? Does Ms. Zhou's signature be signed?
The prosecutor thought of the handwriting identification, so he immediately consult the feasibility and inspection requirements of the handwriting of the Hangzhou People's Procuratorate. The appraiser of the municipal court found that Ms. Zhou did not provide stroke materials with similar dates to the date of the "Authorized Entrusted Book", and it was necessary to collect and submit appropriate samples to perform handwriting identification.
After the prosecutor and Ms. Zhou communicated, they guided them to recall whether there was major matters in the period of the "Authorized Point Book". Fortunately, Ms. Zhou finally recalled that she had just bought a house during that time, and finally found a house purchase contract. Waiting materials.
After the appraisal judgment, the material meets the requirements from the form of file formation, time, signature, and quantity, and the sample is fully and comprehensive. On March 19, 2022, the civil procuratorial department will submit more than ten written samples of the "Authorized Point Book" and the contract signature provided by Ms. Zhou, and submit it to the technical department of Hangzhou Municipal Academy for writing.
After detailed inspection by the appraisal person, it was found that there were some unnatural phenomena in the writing process of Ms. Zhou in the "Authorized Point Book", and at the same time, a certain number of natural writing characteristics of the above unnatural phenomenon appeared during the writing process. After comparing the signature trace of "Ms. Zhou" in the "Authorized Division", it is found that although the two are similar in shape, in terms of the details of the word, such as the characteristics of the method, the characteristics of the proportion, the characteristics of the pen, the characteristics of the strokes, the strokes, the strokes The characteristics of characteristics, the characteristics of characters are very different.
On March 28, 2022, the Hangzhou People's Procuratorate issued a tendency to believe that the signature trace of Ms. Zhou and the sample sample signature trace of Ms. Zhou in the "Authorized Entrusting Letter" is not a appraisal opinion written by the same person.
Facing the detailed inspection results of the argument, Jin finally admitted that he was a signature of his wife in the "Authorized Point Book". Based on this appraisal opinion, the People's Procuratorate of Tonglu County held a public hearing on the application of the application supervision case, inviting representatives of the National People's Congress, members of the CPPCC, lawyers, court staff, and people's mediators to participate in the hearing. After the prosecutor and the hearing of the prosecutor and the hearing were in -depth and patient, Ms. Zhou reached a reconciliation agreement with the borrower Xu Mou.
At this point, the big stones in Ms. Zhou finally landed. Recently, the case was rated by the Zhejiang Provincial People's Procuratorate as a high-quality case in the province from January to June 2022.
Prosecutor
In the marriage and family relationship, the couple's civil legal acts implemented due to the needs of the family's daily life have effective on both the couple, but the civil acts that exceed the needs of the family's daily life. Otherwise, it will not belong to the joint debt of the husband and wife. In this case, Jinmou's loan 3.9 million yuan belonged to this situation, and Xu could not prove that Jin used the loan to live with Ms. Zhou, and produced and operated together. Therefore, Ms. Zhou did not bear the debt. (Supply: Tonglu Procuratorate, Procuratorate)
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