At the age of 12, he carried a huge debt. How could he return to normal life when he was admitted to college?

On September 13, 2021, Xu Binbin, the prosecutor of the Fifth Procuratorate of the People's Procuratorate of Jing'an District, took over the case and applied for the supervisor Xiao Wang (a pseudonym) as a college student. When the annual payment of tuition, I found that my bank card was frozen. After asking, he found that he had become an executive and was restricted to consumption. He had to apply for civil supervision. It turned out that things had to start with the king's family many years ago.

The 12 -year -old child bears heavy debt

On November 9, 2010, Xiao Wang's parents and grandparents loaned more than 15.87 million yuan from the bank to buy a large house with a total of 5 people, including the minor king at the time.

In the house mortgage loan contract signed with the bank, the young king of the time was the property owner and one of the mortgagors. In 2013, Xiao Wang's parents and grandparents failed to repay in accordance with the contract and were sued to the court. The bank asked all property owners to return the principal of more than 14.45 million yuan.

In October 2013, under the auspices of the court, the bank and Xiao Wang's family had reached a mediation agreement, and agreed that if they could not be repaid in accordance with the mediation agreement, the house was auctioned. The auction was not enough to repay the debt. Famous debtors still bear liability for compensation for the remaining debt. Xiao Wang's signature was signed by his mother. In this way, Xiao Wang, who was only 12 years old, bears heavy debt.

At the end of December 2013, the case entered the stage of compulsory enforcement. After the house auction was repaid more than 14 million, it still needed to return the principal of 1.34 million yuan and 2.6 million yuan in interest. After the bank transferred the remaining debts, it was easy to handle, and the claims reached a one. It is called Xu Dong (pseudonym).

On November 20, 2020, Xu Dong re -applied for recovery as a creditor, and Xiao Wang was one of the executors.

The little king, who was incidental that year, is now an adult and admitted to the university. When he was preparing to use his bank card to pay tuition, he accidentally found that the bank card was frozen.

After further inquiries, he learned that he had become the debtor of the above mediation agreement and had been restricted by the court.

Unable to pay tuition fees to continue their studies

In March 2021, Xiao Wang applied to the court for retrial. In June of the same year, the court ruled to reject the re -review application due to exceeding the application for retrial. In desperation, he walked into the Jing'an District Procuratorate for civil prosecution and supervision, hoping to change his identity of his executing person by starting the retrial process.

However, in accordance with the provisions of relevant laws and regulations and judicial interpretations, cases that mediate cases can only start the retrial procedures can only be started.

From the content of the content, Xiao Wang was only 12 years old when signing a mediation agreement. His mother signed a mediation agreement as a guardian. The agreement itself did not harm national interests and social public interests. It is really difficult to correct the content of the re -review order correction agreement.

From a procedural point of view, if the behavior of the signed by Xiao Wang's mother violated Xiao Wang's will and harmed her legitimate rights and interests, Xiao Wang should claim to infringement to her mother, rather than claiming to the creditors.

Based on the above two points, the case does not seem to be in line with procuratorial supervision, but the young little king has to assume unfavorable consequences because of his parents' time to sign a mediation agreement, especially if he cannot pay tuition fees to continue his studies. Even his credit reporting will become him. Life stain.

Since the conventional methods of applying for retrial and advocating the invalid mediation agreement are not available, is it possible that it is possible to try to promote reconciliation between the two parties in the execution of the case, so that the curve reaches the identity of the small king debtor? Prosecutor Xu Binbin decided to try it.

Successful cases are completed

In order to find a breakthrough in the promotion of reconciliation, Xu Binbin contacted the undertaking judge in the execution stage of the case and learned that Xiao Wang's parents and grandparents had not fulfilled the remaining debt after being auctioned by the real estate involved. Essence At present, nearly 4 million yuan of debt is not executed.

执行法官虽然也颇为同情，但表示，该案从2014年开始执行到现在，法院通知过小王的父母、外祖父母来法院解决问题，但他们始终都未露面，足以表明小王的父母、 Foreign grandparents did not actively fulfill their debts. If you want to promote the reconciliation of both parties and remove the little king from the debtor sequence, the creditor's consent must be obtained, and now the attitude of the elders of Xiao Wang obviously cannot obtain the understanding and trust of the creditors.

In early November 2021, Xu Binbin contacted Xiao Wang's parents in the field through the legal aid lawyer of Xiao Wang. Speaking of coming to Shanghai to solve the follow -up implementation, Xiao Wang's father sighed, saying that at present, the family is poor, and his mother is still sick and hospitalized. After the court restricted consumption, even the vehicle could not be used.

Faced with such a speech, the prosecutor told Xiao Wang's father that it was the little king who had owed debts to repay money since ancient times. If debt is not paid, not only will Xiao Wang's future study, work, and life be affected, but it also affects Xiao Wang's integrity. Xiao Wang's father had been silent for a long time, and finally he said that he would think about it and reply in a few days.

Two days later, the prosecutor received a call from a lawyer, saying that Xiao Wang's father agreed to come to Shanghai to solve the implementation problem. Seeing Xiao Wang's father took the first step, the prosecutor remained unlikely to contact the executive judge and communicated the relevant situation. The judge asked the creditors and Xiao Wang's father to meet.

At the end of 2021, with the joint efforts of the prosecutor and executive judge, after several rounds, the little king's father and creditors Xu Dong finally reached a reconciliation agreement, and the father of the little king paid 2 million yuan at one time.Friends pay, and pay 1.2 million yuan within 3 days, and pay the remaining 800,000 yuan within three months.The first 1.2 million yuan arrived the next day, and Xu Dong immediately applied to the court to cancel the restriction of consumption order for Xiao Wang.After the problem was resolved, Xiao Wang immediately applied to the Jing'an District Procuratorate for revocation of supervision applications and made a guarantee of service.At the end of February 2022, the second 800,000 yuan was paid, and the case was finally completed.

Source: Morning News Morning News

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