A few days ago, the host Zhu Dan revealed in a variety show that he had become the guarantor of his "girlfriend's" loan many years ago because of his signature on a blank piece of paper, and he was cheated of all his savings.
In the lawyer's view, such a thing is not uncommon in ** cases. Hu Jun, a lawyer at Beijing Yingke (Shanghai) Law Firm, told that one of his clients also signed a blank piece of paper, which eventually turned into a divorce agreement. The following is lawyer Hu Jun's self-reported ......
Wife "online dating".
Couples divorced in a hurry.
Xue Bing and Jiang Lili have been in love for many years, got married in May 2003, and bought a commercial house together in the same year. When signing the contract, Xue Bing and Jiang Lili each took out their own savings to pay the down payment, and the rest of the house payment was paid by a bank loan in Jiang Lili's name. Jiang Lili proposed that the house should register the names of her parents, and Xue Bing also readily agreed.
After getting married, Jiang Lili has been unemployed at home, and the mortgage and daily expenses of the house are borne by Xue Bing alone, but the relationship between the young couple is not bad, and their life is also harmonious.
However, Jiang Lili, who had nothing to do, began to be addicted to the Internet, and gradually she began to be unwilling to be lonely, and often accosted some men on the Internet. One day in 2006, when Jiang Lili was shopping with a lover she met on the Internet, she met Xue Bing unexpectedly ......
Xue Bing was hit by this without knowing it, and felt that his face and self-esteem were really unbearable, although the relationship between the two parties had been good, he still quickly went to the Civil Affairs Bureau to handle the divorce by agreement.
Cause of the incident. Signed on a blank piece of paper.
Although they divorced by agreement, the two did not clearly deal with the property issue, and the two even still lived in this house together. It wasn't until 2008 that Jiang Lili got a new boyfriend and became pregnant, and Xue Bing moved out of the house.
In August 2012, the property owner of the house officially issued the real estate certificate of Xue Bing, Jiang Lili and their parents, and Xue Bing had to negotiate with Jiang Lili about how to divide the property at the urging of his parents.
Every time she discussed, Jiang Lili's posture was very low, just blindly crying poor, saying that her boyfriend refused to give her money, and she still had to raise children. Jiang Lili meant that she wanted to get the property, but the corresponding compensation to Xue Bing needed to wait until she had money, and the two parties also bargained over the compensation paid to Xue Bing, but the specific amount has not been determined.
One day in September 2012, Xue Bing, at the request of Jiang Lili, went to the police station where the house was located as one of the property owners and assisted Jiang Lili and her boyfriend in moving in out of wedlock.
After coming out of the police station, Jiang Lili discussed with Xue Bing again about the change of registration of house property rights, Jiang Lili cried and cried, and persuaded Xue Bing to sign on a blank piece of paper on the grounds that he wanted to issue a tax exemption certificate.
And Xue Bing actually signed his name obediently without knowing what to do.
After this time, there was suddenly no news from Jiang Lili's side. Xue Bing contacted Jiang Lili several times to talk about the division of the house, but the other party always shirked it for various reasons.
Caught in a trap. Urgently looking for a lawyer to help.
One day, Xue Bing contacted Jiang Lili again, and the other party said: "I won't give you any compensation, because there is already your written commitment that you have given up your share of the property." Xue Bing was confused when he heard it.
Under questioning, Jiang Lili simply made her words clear: "Didn't you sign it yourself last time?"”
Only then did Xue Bing realize that the blank paper with his name signed last time was not used for tax exemption at all, but was concocted by Jiang Lili into a letter of commitment for him to give up his share of real estate, and he completely fell into the trap of his ex-wife.
In desperation, Xue Bing found me through a friend to seek a solution.
Preliminary confirmation. Accept a commissioned lawsuit.
In order to verify the truth of Xue Bing's statement, and to help him find strong evidence, I asked him to call Jiang Lili and her mother in front of me, and planned the focus of the conversation in advance.
Jiang Lili's mother** did not mention the matter of giving up in writing, but still repeatedly promised that she would compensate him if she had money. Although Jiang Lili herself was vigilant and precautionary, she did not deny Xue Bing's repeated mention that he had signed on a blank piece of paper.
Although we didn't have the opportunity to see what kind of article Jiang Lili made about this signed blank paper, but when it was basically confirmed that what the party said was true, I accepted Xue Bing's entrustment to sue to resolve the division of the joint property with his ex-wife and his ex-wife's family.
While waiting for the summons, we unexpectedly received the materials of Jiang Lili's lawsuit against Xue Bing. It turned out that Jiang Lili didn't know that Xue Bing was going to sue her from **, so she simply came to strike first.
Jiang Lili said in the complaint that the two parties had signed a post-divorce supplementary agreement in September 2012, and Xue Bing voluntarily gave up her rights to the property, but later repented, so she asked Xue Bing to perform the transfer procedures through a lawsuit.
In the materials sent by the court, we finally saw for the first time this important piece of evidence concocted by a signed blank piece of paper. The content of this document, titled "Supplementary Agreement for Voluntary Divorce", is very simple, except for indicating the address of the house and the existing property owner, there is only one sentence: "The current man Xue Bing and the woman Jiang Lili divorced in January 2006, and the man Xue Bing voluntarily donated the property rights share belonging to Xue Bing in the above property to Jiang Lili." "Below is the signature and time of both parties.
Request an appraisal. The judge agreed in court.
Xue Bing repeatedly emphasized that except for the signature, he had never seen all the words before. And I also found that the title and the content of the handwritten "Voluntary Divorce Supplementary Agreement" were obviously not the same person's handwriting, and after I asked Xue Bing to identify it, he also concluded that neither the text nor the title were Jiang Lili's handwriting.
Soon, the court joined the two cases and held a trial. In court, the authenticity and validity of this documentary evidence became the focus of controversy in this case, and Jiang Lili herself did not appear in court.
In the process of cross-examination, in addition to asking the person to show the original agreement, I also asked the person to state the process of signing the above-mentioned documents, and asked him to confirm who wrote the handwriting of each part, but the person did not know.
When we proposed that this documentary evidence was signed on a blank piece of paper signed by the parties, we were ridiculed by the ** person, and the other party emphasized that it was "black and white". Fortunately, we have a recording prepared in advance, and after the judge listened to the recording in court, he asked Jiang Lili's ** person to confirm the authenticity of the matter, and ** person said that he wanted to verify it with his client after the trial.
I also analyzed that the documentary evidence was forged from the perspectives of social common sense and that the writer was not the original defendant. We made two requests for handwriting identification and polygraph testing, and the judge agreed to our application in court, and said that we would first conduct a handwriting evaluation on whether the words on the documentary evidence were written by Jiang Lili and whether all the handwriting was formed at the same time.
The other party apologizes. The parties reached an agreement.
A month later, the appraisal opinion made by the forensic appraisal center reached the court, and the judge organized ** again. The conclusion of the appraisal is that the main text of the sample submitted for testing is not written by Jiang Lili, and the handwriting of the title and the main text is not written with the same writing instrument at the same time.
This time, because of the importance of the matter, Jiang Lili herself also attended the trial.
Faced with such an appraisal conclusion, she finally admitted to the judge that this supplementary divorce agreement was indeed written by her friend on a white piece of paper that Xue Bing had signed. While admitting her mistakes in court, she expressed her willingness to mediate, but she was not financially well-off, and hoped that Xue Bing could remember her old feelings and lower her requirements.
Seeing Jiang Lili crying bitterly, Xue Bing relented again and agreed to give up his share of the house if Jiang Lili paid less compensation.
This case, which seemed very difficult at first, was finally recovered through handwriting examination, but as a lawyer, I have encountered many cases where it was impossible to identify the handwriting due to the short time interval between the handwriting.
Through this case, I hope to remind everyone that signing on any document means that you need to bear the corresponding obligations, so you must be very cautious when signing, and you must fully understand the legal consequences of signing, especially do not sign on a blank page, so as to prevent others from designing and using it, which will cause unnecessary trouble. (The names of the characters in this article have been changed).
*:Shanghai Legal News Author: Hu Jun, Beijing Yingke (Shanghai) Law Firm.