Loan lawyer consultation: will debt transfer affect the realization of claims?

2022-06-21 0 By

After repeatedly arguing that the creditor’s right failed, Mr. Guo consulted the loan lawyer whether he could successfully Sue the debtor Huang after the debt transfer and realize the creditor’s right?In 2008, Mr. Guo through the introduction of Huang, lent Zhang 500,000 yuan, in December of the same year completed the transfer, and received zhang issued iOU.In the loan due, because Zhang did not repay in time, so the two sides for the interest of a new agreement: from the next day after the expiration of the original agreement agreed to pay 2% monthly interest, Zhang took back the original iOU and re-issue iou.After this, Mr Guo only received a repayment of 150, 000 yuan from Zhang.Until August 20, 2010, due to the dispute between the two sides, out of goodwill, the introducer Huang mou issued a 500,000 IOU to Mr. Guo in his own name, and agreed that the repayment period is before May 21, 2011.After the expiration, Mr. Guo wanted to return 500,000 yuan to Huang, Huang refused on the grounds that he was not the actual borrower, so Mr. Guo and the loan lawyer after consulting, huang sued to the court.Excuse me huang mou refuse reason is tenable?Mr. Guo can realize the ultimate amount of debt?First of all, the loan lawyer consulting said: Huang can not refuse to repay, and Mr. Guo argued that the iOU written on the 500,000 claims can be realized, according to the specific situation of the debt has been performed to judge.Secondly, according to article 143 of the civil code, civil juristic acts that meet the following conditions are valid :(1) the actor has corresponding capacity for civil conduct;(2) the intention is genuine;(3) not to violate the compulsory provisions of laws and administrative regulations or violate public order and good customs.It shows that the source of Mr. Guo’s creditor’s right is the legal and effective loan relationship between him and Zhang.On this basis, Huang mou serves as complete civil actor, below the circumstance that understands to relevant fact completely, issue iou for Zhang Mou reimbursement.And this act, because Mr. Guo consulted the loan lawyer after the prosecution of Huang mou, showed the unity of the two sides, so as to confirm the establishment of the debt transfer.The debt of original debtor Zhang mou is exempted, pay off responsibility is transferred to huang Mou’s body.Reason its have defendant qualification, Mr Guo can Sue the huang mou that acts as debtor after debt transfers.At the end of the case, the court found that Huang could not avoid paying off the debt and needed to repay 430,000 yuan, including interest, to Guo.And Mr. Guo through the means of consulting loan lawyers, to safeguard their legitimate rights and interests.Tips: If you have any legal problems related to private lending, please consult the professional lending lawyer of Guanling Law Firm.