The sudden death of his father and the booking of airline tickets made him a Lao Lai.
Ms. Li has lived in Dalian for more than 20 years since she came to her hometown in Kaifeng, Henan Province. Married in June 2010, the registered permanent residence moved to a community in Bayi Street, Xigang District, Dalian in December 2015. On the evening of November 22 this year, Ms. Li received a phone call from her brother in Henan Province. Their father died suddenly of myocardial infarction. Hearing this news, Ms. Li immediately turned on her mobile phone to log in to a ticket booking software and prepared to book a flight ticket for Dalian to Zhengzhou overnight to go home for funeral. However, something unexpected happened. When Ms. Li entered her ID card information and name, selected the flight number, and prepared to pay, a reminder message popped up on her mobile phone. Passenger Li * is the discredited executee, and cant book the ticket for the time being. Please go back and get rid of this passenger.
At first, Ms. Li didnt believe that she had no credit card, no loan, and had not done anything against the law and discipline. How could she be dishonest? Then Ms. Li tried to re-enter identity information, place an order and pay, after repeated attempts, all the same tips. My father suddenly went away, and he was already suffering terribly. Suddenly, he became a dishonest person. I was almost mad at that time. I contacted my friends and bought me a hard sleeper train ticket from Dalian to my hometown. It took me more than 30 hours to get back to my hometown. When it comes to the sudden death of her father and the inexplicable breaking of faith, Ms. Li seems exhausted.
Inexplicably became a guarantor of huge loans
After returning to her hometown in Henan to deal with her fathers aftermath, Ms. Li immediately came to the Peoples Court of Zhengzhou High-tech Industrial Development Zone, and learned through inquiry that she was indeed on the blacklist of disbelievers. On January 5, 2016, Kaifeng Happy Dairy Cow Company and University Road Branch of Zhengzhou Bank Co., Ltd. (hereinafter referred to as Zhengzhou Bank) signed a loan contract for small enterprises to borrow 2 million yuan from Zhengzhou Bank with an interest rate of 7.39528% for a period of one year, from January 5, 2016 to January 5, 2017. The service center of small and micro enterprises of Henan Federation of Industry and Commerce and Zhang Mou, Li Mou, Wang Mou and Li Mou (Ms. Li) are the co-guarantors of the loan. Happy Dairy Cow Company signed the entrusted guarantee contract with the service center of small and micro enterprises of Henan Federation of Industry and Commerce. Li Mou, Wang Mou, Yu Mou and Li Mou (Ms. Li), as counter-guarantee guarantors, signed the contract with the service center of small and micro enterprises of Henan Federation of Industry and Commerce.
On March 29, 2017, Zhengzhou Bank compensated Happy Dairy Cow Company for its principal and interest of 2067563.29 yuan by the service center of small and micro enterprises of Henan Federation of Industry and Commerce on the grounds that Happy Dairy Cow Company was poorly managed and could not repay its loan principal and interest. After deducting a deposit of 1 million yuan, the service center of small and micro enterprises of Henan Federation of Industry and Commerce compensated 1067563.29 yuan for Happy Dairy Cow Company. In order to safeguard their legitimate rights and interests, Zhang, Li, Wang, Li and others were sued to the court. On March 15, 2018, the Peoples Court of Zhengzhou High-tech Industrial Development Zone issued a judgment: the defendant Kaifeng Happy Dairy Cow Drinks Co., Ltd. paid the compensation of 1067563.29 yuan for the service center of small and micro enterprises of Henan Federation of Industry and Commerce; the defendants Li Mou, Wang Mou, Yu Mou and Li Mou (Ms. Li) were jointly and severally liable for the judgment.
She is one of the guarantors of a huge loan, the amount of which is 1067563.29 yuan. Ms. Li said that she had never given any loan guarantees to anyone. The three people who became the defendants together with me, the dairy company and the guarantor unit, I have never contacted. Why do I want to be a loan guarantor for strangers? Ms. Li was angry. Who used my personal information to guarantee loans for others? Who approved the loan without my signature? I have been living in Dalian for more than 20 years since I left Henan Province, and I am a normal worker. How can I guarantee a loan of 2 million yuan?
No summons and judgments were received, and more than 100,000 yuan of bank cards were delimited.
The court provided Ms. Li with copies of identity cards used for security at that time. Apart from the difference in appearance between Ms. Li and herself, the rest of the information is identical with Ms. Lis household registration information in Henan Province. There is also Ms. Lis signature in the guarantee contract. Ms. Li suspected that her previous identity card information had been leaked. The time for the loan and guarantee contract started on January 5, 2016, and I moved out of Henan in December 2015. As soon as my front foot moved out, the back foot loan and guarantee business came into effect. I suspect that someone leaked my Henan identity information and then used a fake ID card to pretend to be myself to operate this series of things. I didnt even know it and didnt sign it.
Ms. Li received court summons and judgments from the court and refused to return them by courier, which had been sent to her previous address of Henan identity card. I had no idea that I was the defendant. Ms. Li learned from the Executive Board of the Peoples Court of Zhengzhou High-tech Industrial Development Zone that any bank card related to the guarantors identity card can be enforced to make a loan. As of December 18, the bank card has been delimited by the Executive Board of the Court for more than 100,000 yuan.
According to Liu Lin, Ms. Lis attorney, Ms. Li has submitted an application for objection to execution and an information note to the Executive Board of the Court of Zhengzhou High-tech Industrial Development Zone. Enforcement by the Executive Board is carried out in accordance with the effective judgment instruments, and there are no problems in the process. In view of the objections raised by the parties, it needs to be retried by Zhengzhou Intermediate Peoples Court. After investigation, it is confirmed that Ms. Lis information is indeed stolen and her signature is forged. After finding out the truth and rescinding the first instance judgment, the Executive Board will deduct the amount in Ms. Lis bank account before returning.
Yang Liu, a lawyer of Liaoning Huaxia Law Firm, said that if a partys identity information is misused without knowing it and becomes an executed person, he should collect evidence in time, collect household registration archives information from the household registration management department of public security organs, and conduct inquiries through the information website of the executed person who is dishonest in the national courts, so as to determine the trial court and obtain the information. Judgment files, understand the information of trial and execution. A retrial of a judgment that has entered into force may be instituted within six months. If the parties want to apply for retrial beyond the time limit of retrial, there are two ways: first, to appeal to the court; second, to appeal to the procuratorate. When necessary, Ms. Li can report the crime of fraud to the public security organs. Source: Peninsula Morning Post Author: Xiao Qiaos Responsible Editor: Su Hong-hung_NBJ9980
What should I do when I become a dishonest person?
Yang Liu, a lawyer of Liaoning Huaxia Law Firm, said that if a partys identity information is misused without knowing it and becomes a dishonest executed person, he should collect evidence in time, go to the household registration management department of the public security organ to collect household registration file information, search through the information website of the dishonest executed person of the national court, determine the trial court, collect judgment files and understand the trial. Execution information. A retrial of a judgment that has entered into force may be instituted within six months. If the parties want to apply for retrial beyond the time limit of retrial, there are two ways: first, to appeal to the court; second, to appeal to the procuratorate. When necessary, Ms. Li can report the crime of fraud to the public security organs.