Grassroots lawyers also have spring

Chapter 568 The female judge is speechless!

Wang Chuan whispered a few words in Li Bo's ear and asked for his opinion. The latter agreed to change the claim and signed his name on the application.

"We changed the litigation request to: 28. Request the court to order the defendant to pay the principal of the loan totaling RMB [-]; [-] yuan; [-]. The defendant is ordered to pay all interest from April [-], [-] to the date when the loan is fully repaid; [-]. The litigation costs of this case shall be borne by the defendant.

This is the application for change of action request! After Wang Chuan finished speaking, he submitted the application for changing the lawsuit to the female judge.

"Plaintiff, present evidence." The female judge glanced at the application for changing the claim.

"The first piece of evidence, the Koukou chat records between the plaintiff and the defendant, proves that the two defendants asked the plaintiff to borrow money from banks and online lending companies for their use. There is a private loan between the plaintiff and the defendant.

The second piece of evidence, the plaintiff's credit card transfer records and the online loan company's transfer records, proves that both the plaintiff's credit card loan and online loan were given to the defendant Li Xing.

The third piece of evidence, loan and repayment records, proves that up to now, the defendant has owed the plaintiff 28 yuan in total.

The fourth piece of evidence, the loan contract of the online loan company and the interest balance and interest rate of the bank credit card loan, proves the defendant's outstanding loan interest balance and remaining interest.

The proof is over! "Wang Chuan said.

"Both the plaintiff and the defendant did not sign the loan contract, how did you confirm the interest on the loan?" asked the female judge.

"The two parties have chat records of Koukou. After the defendant Li Xing got the money, Koukou left a message to tell the plaintiff that the principal and interest of the bank credit card and the online loan will be borne by him.

The plaintiff and the defendant were originally colleagues, and the plaintiff did not make profit by refinancing.At that time, the plaintiff was coaxed by the two defendants, and lent money to the two defendants for credit card and online loans solely for the purpose of helping colleagues. In essence, the defendant used the plaintiff's identity to borrow money for his own use. "Wang Chuan said.

Article 170 of the "Criminal Law" stipulates that for the purpose of making profit through on-lending, one who arbitrates credit funds from financial institutions and on-lends others at high interest rates, and the amount of illegal gains is relatively large, constitutes the crime of on-lending at high interest rates.

The reason why Wang Chuan said that Li Bo did not make profit-making loan transfers is to avoid the judge being entangled in this issue. If Li Bo really made a profit, the judge would terminate the trial of the case if he found out that the plaintiff was involved in the crime of usury and directly transferred Li Bo to the public security organ for handling .

Fortunately, Wang Chuan was aware of this problem after accepting the entrustment of the case, and he was well prepared. Of course, this is due to Wan Fatty's sharing of private loan case handling experience before the Spring Festival.

"Plaintiff Li Bo, the defendant told you that you took out credit cards and online loans and gave the money to the other party?" The female judge didn't believe Wang Chuan's words.

"Not exactly! At that time, they even invited me to dinner a few times, and told me that the money would be exchanged as soon as the turnover was low, so I believed it!" Li Bo had an innocent face.

The female judge was speechless, and even the clerk looked up at Li Bo meaningfully.

"The plaintiff, the defendant, Li Xing, borrowed your money. Why did you choose Ma Pingping as the defendant? I looked at the bank transfer records, and the recipient was Li Bo, not Ma Pingping!" the female judge put down the bank transfer records and said.

"Ma Pingping and Li Xing are husband and wife, and the money Li Xing borrowed belongs to the joint debt of husband and wife." Wang Chuan glanced at Li Bo, saw that he didn't intend to answer, and said.

"How do you know they are husband and wife? Is there any evidence?" the female judge asked.

"There is no evidence. The two defendants and the plaintiff used to be colleagues. The two defendants often claimed that they were husband and wife and lived together. So the plaintiff thought they were husband and wife." Wang Chuan said.

After listening, Li Bo kept nodding: "When the two of them invite me to dinner, they often call me husband and wife, so I think they should be husband and wife."

"We checked before. Li Xing is unmarried and Ma Pingping is divorced. The two of them are not husband and wife. You should consider whether to change the defendant." The female judge said.

"Ah! They're not husband and wife!" Li Bo was taken aback!
"It's not a husband and wife relationship, and you haven't transferred money to Ma Pingping, which means this case has nothing to do with Ma Pingping. We can only sue Li Xing." Wang Chuan whispered in Li Bo's ear.

Li Bo nodded and asked in a low voice: "If the defendant is not changed in this case, how will the judge handle it?"

"There is a high probability that the judge will order Li Xing to bear the repayment of the principal and interest of the loan. Our claim against Ma Pingping cannot be supported. I am afraid that you will have to bear a small part of the litigation costs, and Li Xing will bear the majority.

Generally, courts determine the proportion of litigation costs to be borne by the plaintiff and the defendant according to the proportion of claims supported. "Wang Chuan said.

"Judge, I am applying to change the defendant to Li Xing. I will hold him accountable and Ma Pingping will not be sued." Li Bo said loudly.

"Okay, you guys write a change application in court, sign it and hand it to me." The female judge said.

Wang Chuan took out a piece of A4 paper and wrote the application directly with a pen. Nearly 10 minutes later, Li Bo submitted a signed application for changing the defendant to the judge.

Today's lawyers are accustomed to printing various documents with computers, but lawyers used to write various legal documents by hand. At that time, the requirements for lawyers' handwriting were relatively high, not to mention how beautiful it is, but at least let the judge read it. You know, if a lawyer writes like a doctor in a hospital, the things he writes are flying around, and he may not even be able to pass the test of filing a case.

……

Because the defendant did not appear in court, the trial process was very simple. When Wang Chuan and Li Bo walked out of the court gate, it was only [-]:[-].

"Lawyer Wang, what do you say if my case is decided and the other party has no money?" Li Bo asked worriedly.

"After the judgment takes effect, you can apply to the court for enforcement. If the other party really has no money or property, no one can do anything about it," Wang Chuan said.

"Then my lawsuit is not in vain!?" Li Bo said disappointedly.

"Not necessarily, at least your creditor's rights have been confirmed, so that you won't lose your right to sue after the two-year statute of limitations.

(The statute of limitations at this time is two years. According to the provisions of Article 180 of the "General Principles of Civil Law of the People's Republic of China" implemented on October [-], [-], the statute of limitations period was changed to three years. The "General Principles of Civil Law" in [-] It will be abolished on January [-], [-].

After the "General Provisions of the Civil Law" are abolished, Article 180 of the "Civil Code" that will come into effect on January [-], [-] stipulates that the statute of limitations for applying to the people's court for protection of civil rights is three years)
In the future, you can ask him for money at any time with the verdict. As long as he is not disarmed and returning to the farmland, living in seclusion in Zhongnan Mountain to become a god, he will have to find a job and find a way to earn a living.You may get your money back.

After the judgment comes out, you have to apply to the court for enforcement within two years. After the expiration, the court’s enforcement bureau will ignore it. At that time, there is no way to file a case for enforcement with only the judgment document, and the court will have no way to use public power to help you ask for money.There is also no way to put the other party on the blacklist of untrustworthiness and limit his high consumption. "Wang Chuan reminded.

(End of this chapter)