Because of a failed marriage and an ex-husband who was addicted to gambling, Ms. Zhang became a "laid-back" from a once high-spirited workplace elite, and her originally happy and beautiful life is gone. After the Chongqing Municipal Procuratorate lodged a protest in accordance with the law, the court ruled that Ms. Zhang did not need to repay her ex-husband's debts, and after that, Ms. Zhang was removed from the list of judgment defaulters and returned to normal life.
Creditors come to the door
Husband is in debt for online gambling
In June 2013, shortly after getting married, Ms. Zhang's husband, Liu, came into contact with online gambling. From the small fights at the beginning to the huge bets later, Liu gradually fell into the quagmire of gambling and could not extricate himself, and he also borrowed money to gamble behind his family's back.
Lend me 100,000 yuan for urgent use, and return it to you with interest on September 1 this year. On June 18, 2014, Liu, who was red-eyed, found his friend Gao. After several pleas, although he did not know the purpose of Liu's loan, Gao still agreed to lend him 100,000 yuan, of which 30,000 yuan was cash and 70,000 yuan was transferred to pay.
On the other hand, watching her husband indulge in gambling day by day, leaving her family and work behind, Ms. Zhang was completely disappointed in Liu, and the two divorced on October 23, 2014. But what Ms. Zhang didn't expect was that the divorce was not the end, but the beginning of a nightmare.
In November 2014, Liu, who was burdened with huge gambling debts, was unable to repay, so he drafted a three-page loan details to surrender to the public security organs. Since only Liu had the words of one person, the public security organs did not file a case at that time. Subsequently, Liu went out to hide from debts and disappeared, and Ms. Zhang became the only target of the creditors.
Become a "laid-back".
Divorce can't get rid of the loan lawsuit
On July 13, 2017, Gao, who had not received the repayment for a long time, sued Liu and Ms. Zhang to the Jiangbei District Court of Chongqing, demanding that they repay the principal of 100,000 yuan and the corresponding interest. Because Liu had already disappeared from the world, and Ms. Zhang did not receive the court's litigation documents due to a mistake, both of them were absent from the first-instance trial.
In court, Gao took out Liu's IOU, transfer records and other evidence. On the one hand, Gao's sufficient evidence and meticulous and powerful indictment, and on the other hand, Ms. Zhang and Liu, who "voluntarily waived" their right to defense, the case was quickly completed.
In this case, the debts of Liu and Gao occurred during the marriage, and Ms. Zhang failed to provide evidence to prove that the debts owed by Liu to Gao were personal debts or that there were circumstances stipulated in paragraph 3 of Article 19 of the Marriage Law, so the debts were joint debts of Liu and Ms. Zhang. On January 9, 2018, the court issued a judgment requiring Ms. Zhang and Mr. Liu to jointly repay the debt.
In October 2018, due to being overwhelmed by creditors from all sides, Ms. Zhang checked her name on the Internet in order to confirm how many lawsuits she was carrying. After this investigation, Ms. Zhang saw the judgment of this case served by the announcement on the public service website of the Jiangbei District Court, and immediately felt very wronged. Subsequently, Ms. Zhang found that her transportation and bank accounts were subject to some restrictions, and only then did she know that she was listed as a dishonest person subject to execution, so she applied to the Jiangbei District Court for a retrial, but the court ruled to reject it.
On December 14, 2020, Ms. Zhang went to the Jiangbei District Procuratorate for help.
Solve puzzles
Tracing evidence that the borrowed money was used for online gambling
According to the law, the debts incurred by one of the spouses due to gambling are not joint debts of the husband and wife, and should be borne by the debtor himself. After carefully studying and judging the facts of the case, we believe that the focus of the dispute in this case is whether the loan involved in the case was used by Liu for gambling. Xu Qing, the prosecutor of the Jiangbei District Procuratorate, said.
However, 6 years have passed, how to determine the purpose of borrowing?To this end, the prosecutor starts with the details of the transaction. By issuing nearly 20 notices to financial institutions to assist in inquiring about financial assets, the prosecutor obtained a large number of bank transaction details, and after several days and nights of screening, they finally traced the 70,000 yuan that Liu had traded after borrowing money from Gao.
We split the 70,000 yuan and found that the movement of the money was different, and we could not determine how many and who were the recipients. "The loan details were found, but the problem was not solved, and the case review was temporarily bottlenecked.
After in-depth research and discussion, Xu Qing decided to find another way to start with Liu's abnormal trading account. The Jiangbei District Procuratorate issued a letter of entrustment to the procuratorates in Chengdu, Sichuan and other places, and obtained a number of judgments in criminal cases related to online gambling, and finally found clues in these verdicts.
These effective judgments confirmed in the determination of facts or the admissibility of evidence that multiple accounts collected gambling funds or provided funds to pay and settle services for gambling, and Liu's 70,000 yuan also flowed into these accounts. After making a breakthrough in the review work, in order to ensure the authenticity and credibility of the evidence, Xu Qing contacted the public security organ to obtain the details of the loan prepared by Liu that year, and finally determined that Liu's loan to Gao was used for personal gambling.
So far, the Jiangbei District Procuratorate has ascertained that the purpose of Liu's loan is to use it for online gambling, and the existing new evidence is sufficient to overturn the first-instance judgment. On March 29, 2022, the Jiangbei District Procuratorate requested the First Branch of the Chongqing Municipal Procuratorate to file a protest with the Chongqing No. 1 Intermediate Court. On January 4 this year, the Chongqing No. 1 Intermediate People's Court ruled that the Jiangbei District Court should retry the case. On June 23, the Jiangbei District Court revoked the first-instance judgment in a retrial, and ruled that Ms. Zhang did not need to bear the responsibility for repayment, and all the repayment responsibilities should be borne by her ex-husband Liu alone.
Further reading:
Paragraph 2 of Article 1064 of the Civil Code: Debts incurred by one of the spouses in his or her own name during the marriage in excess of the daily needs of the family are not joint debts of the husband and wife;However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
*: Procuratorate** Rule of Law News Edition Author: Li Yuzhi You Xinyang).