19 years ago, Lu died suddenly after borrowing a sum of money from others. What about the debts left behind when a person dies? Does his wife have to be liable for repayment? Recently, Feng Jianjun's studio of Xinghualing District Court successfully mediated this private lending dispute case.
A loan from 19 years ago.
Back in 2005. On May 1 of that year, Lu borrowed 20,000 yuan from his colleague Han on the grounds of difficulty in the turnover of wholesale clothing, and mortgaged the housing lease certificate in his personal name to Han, promising to repay Han's loan of 10,000 yuan on May 1, 2006, and the remaining loan to be repaid on September 1, 2006, and issued an IOU for Han on the spot.
In July 2005, Lu died of a sudden heart attack, and his wife Li inherited his inheritance. On September 23, 2005, Li signed an IOU written by her husband, Lu, and promised that the loan would be repaid by him. Over the years, Han has repeatedly urged Li to borrow money without success. On November 28, 2023, Mr. Han submitted a civil complaint to the court, requesting that Mr. Li be ordered to return his loan of 20,000 yuan and pay the interest during the loan period and the overdue interest.
Who should pay back this money?
After receiving the complaint, Li argued that she did not know about her husband's debt, and that the debt owed by Lu was her personal debt and should be repaid with Lu's property. Regarding her signature on the IOU, Li said that because of her husband's illness and death, she signed her name in a daze due to grief and fatigue, which was not her true thoughts.
Is this debt a joint debt? Should Mr. Li be liable for repayment?
During the pre-litigation mediation, Judge Feng Jianjun had an in-depth understanding of the case, carefully studied and judged the crux of the dispute, and patiently and meticulously explained the law and reasoning to both parties. He informed Li that during the existence of her marital relationship with Lu, Lu borrowed money from Han, and she signed the IOU issued by Lu to confirm that the debt was actually recognized at a later stage, so the loan should be a joint debt between Li and Lu. Lu died in July 2005, and the term of the loan had long expired, and Han's claim was in accordance with the law and should be supported. Li's defense that she was unaware of her husband's loan was obviously contrary to the facts.
The parties reached a mediation agreement.
After mediation by the judge, on January 3, 2024, the parties finally sat down to discuss how to repay the loan.
Li said that after her husband passed away, she took on the burden of life alone, and there were children to raise at home, and it was indeed difficult to repay the loan. After learning about Li's situation, Judge Feng Jianjun communicated with Han and explained to Han that Li himself was willing to repay the loan, and the outstanding debts were mainly due to lack of ability, and hoped that Han would be a little more considerate and reduce some interest.
After mediation, Han expressed sympathy for Li's current situation and was willing to make concessions and reduce all interest, and the two parties finally reached a mediation agreement: Li will repay Han's loan of 20,000 yuan in a lump sum before October 30, 2024.
Reporter Ren Lei, correspondent Zhang Lijuan, Taiyuan Evening News.