Jia Jun did not pay back
The two guarantors were divorced and left the house
There is no property in the name
The courts simply can't enforce it
Yuan Wang, who encountered difficulties in execution
Walk into the procuratorate to apply for supervision
……
"Yuan Wang has received all the execution funds, and the supervision of the procuratorate has also helped us solve an enforcement problem." Not long ago, the procurator of the Qibin District Procuratorate in Hebi City, Henan Province, received a thank you phone call from the judge of the Jun County Court Enforcement Bureau.
What's the story behind this inter-district call? It all started in 2015.
After winning the lawsuit, it was difficult to enforce
In August 2015, Jia Jun borrowed more than 20 yuan from Yuanwang, and agreed to repay it before August 1, 2019, with a monthly interest of 2 cents, and Jia Jun's son Jia Tao and nephew Hu Wei provided guarantees for the loan.
However, Jia Jun failed to repay the loan as agreed. In September 2019, Yuan Wang sued Jia Jun to the Jun County Court, and the court ruled in October of the same year that Jia Jun should pay Yuan Wang more than 20 yuan in loan principal and interest within 10 days, and Jia Tao and Hu Wei should be jointly and severally liable for repayment.
Yuan Wang, who won the judgment, happily went to the Jun County Court to apply for enforcement, only to find that Jia Jun had handed over the borrowed money to Hu Wei for use, and he himself was unable to repay. Yuan Wang had no choice but to assert the enforcement of the property of the guarantors Jia Tao and Hu Wei.
However, what is strange is that Hu Wei and Jia Tao have divorced their spouses by agreement on August 1, 2019 and September 19, 2019 respectively, and the "version" of the divorce agreement is the same, both of them left the house and gave all their property to the woman, and they have no property in their names.
Yuan Wang learned that Jia Tao and his wife Li Li had bought a property in Qibin District in 2018, so he asked the court to auction the property. However, when the Jun County Court appraised the property in accordance with the law, Li Li provided the court with a civil judgment, saying that the Qibin District Court had determined that the property belonged to her pre-marital personal property, so the Jun County Court could not auction the property.
"Jia Jun didn't pay back, the two guarantors were divorced and had no property, and the court couldn't enforce it at all, I was really wronged!" In July 2023, Yuan Wang, who encountered difficulties in enforcement, walked into the Qibin District Procuratorate to apply for supervision.
Property dispute cases are full of suspicions
The prosecutor in charge reviewed the property dispute case file after the divorce of Li Li and Jia Tao and found that in the lawsuit, Li Li claimed that because Jia Tao cheated in marriage, the two divorced in December 2017, and their real estate was actually their personal property before marriage, and it was written in the divorce agreement as the joint property of the husband and wife. Jia Tao agreed. After the trial, the Qibin District Court held that Li Li and Jia Tao had no objection to the errors in the expression in the divorce agreement, and that the real estate involved in the case should belong to Li Li's premarital personal property, so it ruled that the real estate involved in the case was Li Li's premarital personal property in accordance with the provisions on property division in the divorce agreement.
However, in the process of combing through this property dispute case after the divorce in detail, a series of doubts lingered in the mind of the prosecutor who undertook the case-
The file shows that Li Li and Jia Tao gave birth to a son and a daughter in July 2008 and August 2012 respectively, but in the lawsuit, Li Li claimed that she and Jia Tao were introduced to marriage in 2018, what happened? Li Li and Jia Tao divorced in December 2017 and remarried in August of the following year.
With doubts, the prosecutor in charge obtained the transaction details of a number of banks under the names of Jia Tao and Li Li, the loan information of the real estate involved in the case, and the marriage registration information of the two in the civil affairs department, and finally found out through careful review: Jia Tao and Li Li had registered their marriage in 2011, and the two children were born before and after marriage. In August 2015, Jia Jun borrowed money from Yuan Wang, and Jia Tao provided a guarantee for the loan. At the end of 2017, Jia Tao and Li Li planned to buy a house in Qibin District. Thinking that he was the guarantor of his father Jia Jun's loan, in order to avoid risks, Jia Tao and Li Li agreed to divorce, and the real estate certificate was in Li Li's name, and all the property belonged to Li Li.
In May 2018, Li Li successfully obtained the real estate property certificate of the property involved in the case. Three months later, Jia Tao and Li Li remarried. On September 2, 2019, due to Yuan Wang's lawsuit, Jia Tao, who had just remarried Li Li for a year, faced the risk of joint and several repayment. In order to evade the repayment responsibility, he divorced Li Li again on September 19, 2019.
Evasion of execution and disillusionment
In order to clarify the truth, the prosecutor in charge of the case peeled back the cocoon and found out the frequent capital transactions between Jia Tao and Li Li from thousands of bank transactions: in January 2018, Li Li received 62,000 yuan transferred by Jia Tao, and paid a down payment of 203,000 yuan to the seller 10 minutes later...... All the evidence points to one fact: the real estate involved in the case was jointly purchased and repaid by Jia Tao and Li Li, and should be recognized as the joint property of the husband and wife.
The Qibin District Procuratorate believes that the purchase of the real estate involved in the case after the first divorce of Jia Tao and Li Li and his wife and before the remarriage determined that the real estate was Li Li's personal property before the remarriage is a lack of evidence to prove the facts, and the parties made false statements in the lawsuit, and there is a suspicion of evading enforcement, and the case should be retried. In July 2023, the Qibin District Procuratorate issued a procuratorial recommendation for a retrial to the District Court.
The Qibin District Court adopted the procuratorial recommendation for a retrial and ruled to retry the case in August 2023. In December 2023, the Qibin District Court made a retrial judgment in the case of Li Li v. Jia Tao in the post-divorce property dispute: revoking the original judgment and rejecting Li Li's litigation claim.
During the retrial, the Qibin District Court obtained all the civil cases under Jia Tao's name, and conducted detailed questioning and investigation of Jia Tao and Li Li. Seeing that they could not justify themselves, Jia Jun, Jia Tao, and Li Li, who were under pressure, decided to repay Yuan Wang's loan together. As the real user of the loan, Hu Wei was also worried about being held responsible, so he sent the execution money to the Jun County Court Executive Bureau in installments with Jia Jun, Jia Tao, and Li Li.
Not long ago, Yuan Wang finally received all the execution money as he wished.
(The names of the parties in the case have been changed)
Welcome to like, leave a message, and forward to the circle of friends
Every night at half past nine, see you or disperse
Source: Procuratorate Daily, Minsheng Weekly
Author: Zhang Haiyan, He Fangli, Li Jie
Editor: Liu Wenhui, Wu Pengyao