Liu Mouying and Liu are a pair of uncles who both live in Feicheng City, Shandong Province. Both of them have stable jobs and good income.
2065438+On March 26th, 2008, two uncles and nephews received the notice of responding to the lawsuit from Feicheng People's Court, and at the same time received the relevant legal documents such as the indictment and defense. Seeing the word "defendant" in front of their names on the indictment, the two uncles realized that they were involved in the lawsuit.
According to the complaint, Feicheng Rural Commercial Bank sued a local farmer named Qi Mochang on the grounds that the bank's loan had not been repaid for nine years, and Liu Mouying and Liu Mou were also defendants in the case, because when Qi Mochang borrowed money, two uncles signed a maximum guarantee contract to provide guarantee for Qi Mochang's loan.
In the face of the indictment, uncles are completely puzzled, because this person named Qi Mochang doesn't know anyone. How can he be sued to the court as a guarantor?
What surprised the uncles and nephews even more was that at the same time as the court filed the case, Feicheng Rural Commercial Bank also applied to the court for litigation preservation, that is, the personal property of the couple and their uncles and nephews was seized according to law. The court approved the bank's application and issued a civil ruling to seal up the property.
It turned out that the lender did not know, and the property under his name was also seized according to law, which made the uncles quite puzzled. They quickly entrusted a lawyer to prepare the materials for responding to the lawsuit.
Wang Huanan, a lawyer of Shandong Daqian Law Firm, also felt the strangeness of this case after accepting the entrustment. After taking a detailed photo of the file, Wang asked his two clients to identify and verify the signatures and time in the Maximum Guarantee Contract and the Notice of Guarantor's Fulfillment of Guarantee Responsibility provided by the plaintiff. Both of them got a negative reply, saying that they had never received similar documents, and even less signed them. Lawyer Wang believes that these questions should be solved in court, because as long as confronted in court, it can be confirmed whether the lender Qi Mochang knows Liu's uncle.
To Mr. Wang's and Mr. Liu's uncle and nephew's disappointment, when the case was heard, the couple, as lenders, didn't appear in court at all, so there was no way to confront them.
Although the lender did not appear in court, Mr. Wang applied to the court for handwriting identification.
On July 6, 20 18,18, the presiding judge of this case informed Mr. Wang to receive the judicial expertise opinion. According to the handwriting appraisal conclusion of the judicial authentication organ, the signatures of Liu Mouying and Liu Mou on the Maximum Guarantee Contract issued by the bank were not written by him.
I don't know the lender, but I have a signed document to guarantee the loan. What's the secret behind this strange loan case? How did the signature on the maximum amount guarantee contract and the guarantor's notice of performance of the guarantee responsibility come from? Why do banks have such documents and use them to sue Uncle Liu?
Unfortunately, Qi Mochang's mobile phone number and home phone number are clearly marked on the complaint, and both numbers are empty.
Liu Zhenjiang, the agent of Feicheng Rural Commercial Bank Co., Ltd., introduced that the litigation center of Feicheng Rural Commercial Bank Co., Ltd. handed over the case to him. In addition to Mo Mochang's loan procedures, there are the Maximum Guarantee Contract and the Notice of Guarantor's Performance of Guarantee Responsibility signed by Liu Mouying and Liu. He filed a lawsuit in court on the basis of these materials.
Liu Zhenjiang said that he also tried to contact him by phone, but he couldn't get in touch. He finally got in touch through the village where Qi Mochang lived, and served the court summons and appeal procedures, but Qi Mochang still did not appear in court.
"But fortunately, Momochang admitted that he borrowed the money. "Liu Zhenjiang said:" The judge also informed me that the handwriting identification results came out. After getting the results, I told the rural commercial bank. This money cannot be managed by Liu Mouying and Liu Mou, but only by the lender. "
The bank has also learned about the source of the Maximum Guarantee Contract and the Notice of Guarantor's Performance of Guarantee Responsibility and whether the signatures on them were signed by Uncle Liu himself, but unfortunately, the staff who handled the loan at that time had passed away. In addition, there is no video recording in the bank loan office area.