After six years of divorce, she suddenly fell into a huge debt dispute with her ex-husband.
Signed the divorce agreement, the agreement states that during the period of existence of both husband and wife, there is no joint property, no joint debt, Liu Yun (pseudonym) and her ex-husband have been “good together good parting”.Unexpectedly, six years after their divorce, Liu Yun was still involved in her ex-husband’s huge debts of one million yuan.Storm, inexplicable property was seized “can not handle?My house has been seized?”At the beginning of 2019, Liu was dealing with a local real estate bureau when she was surprised to learn that her property had been seized by a court and she was restricted from spending too much money.Liu Yun wondered, he does not owe any debt, has not been sued, why the property was suddenly seized by the court?She hurried to consult the staff, check the documents, only to know that her ex-husband Wang Qiang (pseudonym) related.She immediately called Wang Qiang and asked him, “Why are you and I being executed?!””Because of my father!In 2008, he was short of money for a project, so he borrowed 600,000 yuan from a friend and could not pay it back. His friend urged him to do it every day. In November 2011, when we were not divorced, I wrote an irrevocable letter of commitment according to his friend’s request and transferred our house to him to pay his debts.”I disagreed then!Liu yun said.”The creditor insisted that we all sign, and when you refused, I signed and fingered for you.When we filed a lawsuit in 2017, the court ordered us to pay back the money.The court ordered us to pay back the loan because the house had been auctioned off by the bank.Wang Qiang explained.Originally, according to the irrevocable Letter of commitment, the first-instance court determined that Wang Qiang and Liu Yun were willing to fulfill repayment obligations on behalf of Wang Qiang’s father, which belonged to debt joining.On March 8, 2018, the first-instance court ordered Wang Qiang and Liu Yun to jointly repay the loan principal of 600,000 yuan, overdue interest and penalty of 120,000 yuan.After wang Qiang and his son filed an appeal, the court of second instance rejected the appeal and upheld the original judgment on September 28, 2018.Understand the ins and outs of things, Liu Yun feel very aggrieved.She had never signed or stamped her hand on this Irrevocable undertaking!She also missed the first and second trials because she did not receive court summons or court documents due to her address change after divorce.And after divorcing Wang Qiang in 2013, she moved to another place and has remarried and has a son. Now she is pregnant with her second child. What is seized is the property that she and her current husband jointly invested to buy.Liu Yun was distraught and applied for a retrial to the court.Wang Qiang also submitted a written opinion, admitted that he signed on behalf of Liu Yun press the handprint.But it was too late. The court rejected liu’s application for a retrial in May 2019.Without proof?After appraisal fills strong new evidence to reexamine a result to come out, think of to be faced incumbent husband accusatory, and the predicament that house property may be aucted nowhere to live, Liu Yun feels day dim earth is dark, although have pregnancy in the body, but also cannot wait a moment.In June 2019, With a glimmer of hope, Liu Applied to the Procuratorate of Xuzhou city, Jiangsu Province, for supervision.Liu yun offered prosecutors issued by wang qiang pledge when she is not an outsider of local documentary evidence, the prosecutor by interrupting the dossier on the case to conduct a comprehensive review, and respectively to wang qiang, to appear in court witnesses, such as an outsider to check for many times, find out a deed is issued by wang qiang unilaterally, and the specific process of generation of liu yun signature stamps,At the same time, finding out the source of loan rule out the possibility of routine loan, searching related cases rule out the possibility of professional loan.Prosecutors believe that only word evidence is not enough, the commitment book is liu Yun’s own signature stamp needs to start a professional judicial appraisal procedures.Liu Yun also insisted that it was not his signature, agreed to restore the truth through judicial expertise.In order to ensure the authenticity of the identification materials, the reliability of the identification results, the prosecutor from the real estate management department in accordance with the law took liu Yun had sold the property in July 2011 transaction files original, with all the files “Liu Yun” signature as a sample handwriting, commissioned a nanjing judicial identification agency identification.After identification, “irrevocable letter of commitment” on the “Liu Yun” signature is not written by himself, “Liu Yun” signature on the right part of the red fingerprint is not his stay.According to the prosecutor’s examination, according to the above appraisal opinions and the statements of relevant personnel, it can be confirmed that the letter of commitment involved was signed by Wang Qiang alone. Liu Yun neither signed the letter of commitment nor expressed her intention to repay the debt involved with Wang Qiang, so it does not constitute debt joining.Moreover, Wang Qiang’s father clearly stated that the loan was used for the project, and the lender failed to provide evidence to prove that the loan was used for wang Qiang and Liu Yun’s joint life or business during their marriage, and the debt cannot be identified as joint debt of husband and wife.Therefore, Liu Yun should not be responsible for the repayment of the debts involved in the case.On November 11, 2019, the procuratorial organ issued a recommendation to the court for a retrial on the grounds that there was new evidence sufficient to overturn the original verdict.After receiving the retrial procurator’s suggestion, the court initiated a retrial of the case and made a retrial judgment on August 19, 2021, which changed the judgment and ruled that Liu Yun would not be liable for the repayment.”Irrevocable letter of commitment” was finally “revoked”, Liu Yun need not bear inexplicable debt.But Liu found that she was still unable to buy a ticket for the train, so much so that she could not thank the prosecutor in person.After the prosecutor in charge of the case learned about this situation, he realized that although the effective judgment of the case was revised, the execution court did not lift the restriction on high consumption and delete the information of the trust-breaking subject in time for Liu Yun, which affected Liu Yun’s credit and travel, causing inconvenience to her life.After further verification, on September 26, 2021, the procuratorial organ issued a procuratorial recommendation to the Enforcement Court, suggesting that the disciplinary measures against Liu Yun be revoked in accordance with the law, and the court accepted the procuratorial recommendation in accordance with the law.”Thanks to you, I restored the truth of the matter. I did not have to bear the huge debt of nearly one million yuan, and it was convenient for me to travel. I am much more relaxed now and my family is harmonious.”Recently, liu yun, regardless of the prosecutors case kindness on high-speed rail came to the side is of “the public, law enforcement for the people” into the hands of prosecutors, and expressed gratitude face to face, thanks to the procuratorial organs through a comprehensive and timely, legal supervision and safeguard the legitimate rights and interests of her calm her a happiness life road twists and turns.Source: Procuratorial Daily