Recently, the host Zhu Dan revealed on the show that he was cheated out of all his savings by a very close friend many years ago because of his signature on a blank piece of paper. Although she later won the lawsuit against the friend, Zhu Dan said that the friend's declaration of bankruptcy left her "with nothing left overnight, and I still owe a lot of money."
Zhu Dan took this opportunity to remind everyone.
Be sure not to be on a blank sheet of paper
Feel free to sign your name!
"I hope you don't follow in my footsteps."
Zhu Dan was deceived and the verdict rushed to the hot search
On the evening of November 30, the topic of Zhu Dan's deception verdict rushed to the hot search.
According to reports, how much money Zhu Dan was cheated out of, she did not disclose on the show. But the China Enforcement Information Disclosure Network does have a piece of information related to Zhu Dan. This information about the time of filing in 2016 shows thatZhu Dan's advance payment was 16 million yuan, and the person subject to enforcement was Tian Moumou, and the performance of the person subject to enforcement was all unperformed.
paid 16 million signatures for a friend, and his savings were defrauded
On the online website of China's judgment documents, the original case of Zhu Dan and Tian Moumou on the more than 16 million yuan has not been found, but the two have other related lawsuits, including Zhu Dan's lawsuit requesting a dispute over the change of company registration, and a dispute over the confirmation of the company's shareholder qualifications.
Zhu Dan said in these lawsuits that after he transferred the company to Tian Moumou, the other party transferred his capital contribution to others. At the same time,He also fraudulently used his own name to increase the company's capital by 2.5 million yuan.
The first-instance civil judgment of the dispute between Zhu Dan and Beijing Pincheng Yuehui Wenhua Communication *** shareholder qualification confirmation dispute shows that Zhu Dan won the lawsuit. In its judgment, the Beijing Chaoyang District People's Court held that the 2.5 million yuan capital contribution registered in Zhu Dan's name belonged to a third party, Tian Moumou.
Zhu Dan revealed on the show that many years ago, a friend needed to borrow money due to financial problems and hoped that she would sign as a witness. Since Zhu Dan was not in Beijing at the time, a friend sent her a blank piece of paper to sign, and she hastily signed her name without noticing.
Zhu Dan later realized that he was confusing the identities of the witness and the guarantorTherefore, the act of signing on a blank piece of paper made her finally have to use all her savings to repay all the debts of her friends, and Zhu Dan was also called "legally illiterate" by the judge during the trial.
Although she quickly sued and won the case against her friend, she declared bankruptcy and eventually took all the debts herself.
Zhu Dan was deceived and the company involved in the case has been revoked
An eye investigation shows that the company involved in the case, Beijing Pincheng Yuehui Cultural Communication, was established in August 2010 with a registered capital of 3 million yuan, and its business scope includes organizing cultural and artistic exchange activities, undertaking exhibition and display activities, film and television planning, etc., with Tian Moumou as the legal representative, executive director, manager and wholly-owned shareholder, and Zhu Dan as the supervisor.
The change records show that Zhu Dan withdrew from the company's shareholders in December 2016. Risk information shows that Zhu Dan has sued the company several timesHou Tian and the company were listed as dishonest judgment debtors (old lai) for failing to pay Zhu Dan's 16 million yuan advance payment, and were restricted from high consumption.
In July 2018, the company was included in the list of abnormal operations for failing to publish its annual reportIn May 2019, the company's business license was revoked for violating the regulations on the management of company registration.
Which signatures are at legal risk?
Zhu Dan reminded: You must not sign your name on a blank piece of paper, add a watermark when copying your ID card, and don't give others a guarantee casually, etc.
In addition to the points that Zhu Dan said to watch out for, which signatures will also have legal risks?
According to Zhang Xinnian, an equity partner at Beijing Zhongwen Law Firm, in an interview, although the names of witnesses and guarantors are similar, their legal effects in private lending are completely different. When the debtor fails to perform the debt, the guarantor shall bear the guarantee liability in accordance with the law and repay the debt jointly and severally.
Zhao Zhanzhan, a lawyer at Beijing JAVY Law Firm, also pointed out that if you really need to sign someone else's loan contract, you must carefully check the specific content of the contract. In particular, when acting as a witness, it should be noted that the contract cannot contain relevant expressions such as guarantor and guarantor.
*: Red Star News, China Judgment Network, Guoshi Through Express, Tianyancha, 21st Century Business Herald.