A few days ago, Mr. Shi from Beichuan, Sichuan registered for help in the college entrance examination, reflecting that when he went to a financial institution to withdraw money at the beginning of this year, he noticed that his bank account was frozen clean. At this time, she knew that her child Wei Liu, who had been dead for many years, was listed as the defendant by Santai County People's Court five years after his death. He was also included in the defendant by the court because of the child loan guarantee.
Liao Minghui's nephew, Mr. Shi, went to the court to shift gears and found that two years after Liu's death, there was a contract signed by others to pay back the money. The court named Liu Lie as the defendant five years after his death; The financial institution is represented by Liao Ming Association, and only two criminal lawyers, the appellant and the defendant, are present. At the same time, the criminal defense lawyer as the borrower and guarantor is the same lawyer. He objected to this matter: "How did the court judge this kind of' fighting cats' mediation? Is it the professional level of the court? Still have ulterior motives? "
Low-income households went to financial institutions to withdraw money and found that their deposits were frozen. Liao Minghui, 65, is an ordinary citizen in Xiaoba Township, Beichuan Qiang Autonomous County, Sichuan Province. Because of his age and loneliness, he was listed as a low-income household by the local government. He is the nephew of Mrs. Liao Minghui.
At the beginning of February, when Liao Taipo went to a local financial institution to withdraw money, she was told by the financial institution that the account had been frozen by the court and filed a loan guarantee lawsuit. "I don't even know this word. I am also a low-income household. How can I help people get loan guarantees? 」
When going out, Mrs. Liao asked her nephew Mr. Shi to help her master the loan guarantee case of Santai County People's Court. According to Liao Taipo's memory, in September 2065438+2008, a strange man asked her for 2000 yuan in cash and asked her to sign a piece of white paper. There is a fingerprint on pure white paper, which I can't understand.
Shimou went to the Santai County People's Court to read the file and found that the thin paper covered with thumb print became a power of attorney written by a pen. However, the cause of the incident was that Liu, the son of Liao Taipo, guaranteed a loan of 1 million yuan for others at the end of 20 12, and promised in the guarantee agreement that when the lender failed to pay the money, the financial institution had the right to dispose of its control over a storefront in Mianyang City. However, Liu died normally in the second month after Liu's loan guarantee.
The bank sued Zhang, Liu and others, but Liu was dead, so it was immediately revoked. The borrower Zhang sued the next day and went to Xiaoba Township in Beichuan to find Liao Minghui and obtained a "certificate of authorization" stamped with his fingerprint. The court mediated the lawsuit of borrowing money on the third day.
In the negotiation documents submitted by the court, the appellant and the criminal defense lawyers of the two defendants were present to distinguish the obligations of this debt. In addition to returning the borrower's funds and loan interest, financial institutions have the right to dispose of the assets of several loan guarantors. As a result of Liu's death, as an heir, he will be obliged to repay the debts of financial institutions. "You see, this is how my little lady became the defendant." He said that they were not aware of the lawsuit and never hired a criminal defense lawyer. "Why did the borrower use the same criminal defense lawyer when there was a dispute with the loan guarantor?
What makes it difficult for Mrs. Liao and Mr. Shi to understand is that the court's civil mediation book on loan disputes has never been sent to them. If they didn't go to financial institutions to withdraw money, they found that their accounts were frozen, and there is still a dispute on their backs.
According to reports, on February 24, 2002, 2065438, the loan dispute information provided by Mr. Shi showed that the reader Wang borrowed more than 2 million yuan from Tashan Sub-branch of Santai Rural Commercial Bank in Santai County. In order to ensure that Liu, one of the guarantors, did not use 1 10,000 yuan as the loan guarantee, the amount on the collateral was determined as110,000 yuan.
On the day of applying for guarantee, Mianyang Notary Office also presented a power of attorney, one of which was Liu's power of attorney to entrust Li to handle company affairs. In order to apply for a loan, on the day of applying for a loan, the loan formalities will be handled to pay off the debt. However, there is only Liu's signature on the authorization certificate, but not Li's own signature.
Liu died the second month after he secured the loan on 20 13, 13 and 13. It is precisely because of this power of attorney that Zhang and others signed a repayment grace period agreement with the rural credit cooperatives in the loan with the maturity of 20 15 12 2 1 signed by Li Dailiu. He took the bank repayment certificate and said, "From the qualification certificate, the borrower Zhang did not settle a penny of the financial institution before the repayment expired.
Shimou said that the power of attorney did not attach Liu's identity documents, interrogation transcripts and audio-visual materials. "Is likely to be the crime of forging evidence, covering up the objective facts, so there is no way to prove that the person who signed the power of attorney is Liu himself.
Liu, the loan guarantor, died on June 20 13. According to Article 173 of the Civil Law, if the entrusted agent or the principal dies, his authorization shall be terminated. Li signed a new contract two years after Liu's death, which was obviously a failure. He said that the content of this renewal agreement is actually to deal with Liu's assets.
According to the loan dispute materials provided by him, Liu Lie, who had been dead for five years, was the defendant in the civil ruling presented by Santai County People's Court on September 6, 2008. In the whole process of the court hearing, all three rural commercial banks explicitly asked the court to sue for "reasons that have been discussed with each other".
20 19 10 8. Santai county people's court held another consultation on this dispute case. The defendant is 1 judge, 1 recorder, plus the appellant and the defendant's defense lawyer. Chen Moumou, with the defendant as the agent, and six loan guarantors participated in the negotiation. Finally, the lender Zhang is allowed to repay the loan with equal principal and interest and loan interest to the loan bank; At the same time, financial institutions have the priority to dispose of six loan guarantors, including Liu. In this negotiation, Liao Minghui was included in the defendant by the other party.
Shintaro Ishihara said that he found from the original materials printed by the court that the authorization certificates of other defendants were printed, while Liao Minghui's authorization certificate was written in pen. "My empress can't read. This power of attorney was probably handwritten at that time." Mr. Shi said that the bill is one million yuan and the guarantee is one million yuan, and in this negotiation, he will bear more than two million yuan in debt. He said: "We didn't hire a defense lawyer, but only signed this civil mediation."
He felt that the loan guarantor became the defendant because the lender could not repay the loan immediately. In this mediation, both the lender and the loan guarantor used the same criminal defense lawyer. "In the whole negotiation process, who is this entrusted agent defending?" "Mr. Shi said that the civil mediation provided by the court according to the negotiation results of two criminal defense lawyers was not sent to Liao Minghui. What is the reason?
Only after Liao Minghui's minimum living security account is locked, will Liao Ming know that he is the defendant. It is also known that Liu, a child in a commercial service store in Mianyang City, was also seized by financial institutions and prepared for auction in advance.
"We all mediate according to the legal conditions of criminal defense lawyers. "A person in charge of the Santai County People's Court said that the plaintiff filed a lawsuit with the court and took Liu Lie as the defendant. When the court is ready to determine the identity of the other party in advance, the other party withdraws the prosecution on the grounds of consultation. " You don't have to go through the process of verifying your true identity. 」
Because the defendant's criminal defense lawyer intervened in the negotiation, "the defense lawyer has Liao Minghui's power of attorney, and everyone will negotiate according to the legal procedures of the defense lawyer." The person in charge said that the results of the discussion with the criminal defense lawyer of the other side were in line with the consultation procedures, and the consultation suggestions were clearly put forward according to the results.
Regarding the fact that the civil mediation book could not be handed over to Liao Minghui, the person in charge said that when the defense lawyer was present at that time, they handed over the civil mediation book to the defense lawyer for easy transfer. "We don't know what happened later."
The person in charge explained that after the civil mediation came into effect, a freezing letter was issued to local financial institutions to freeze Liao Minghui's account. In the future, we checked that the account was a low-income account before we lifted the freeze.
1February 14 at noon, Bian Xiao found the person in charge of solving non-performing loans in Santai County Rural Commercial Bank. He said that he did not know about the loan dispute, and only the defense lawyer knew the specific situation. He sued everyone, but the content of the dispute case was unclear. I really don't know what's inside. "Mr. Shi said.