Macau, Las Vegas of the East, the smell of money and the fanatia of chasers are in the air. With the thrill of small and broad and huge funds, let Tango indulge.

"I just liked it, and then I often went to play, and it was not far away." Tango lit a cigarette. The smoke is rising, but Tango's life is sinking day by day. "At the beginning, I all won, I lost 300,000 yuan the first time, and then I wanted to turn over the book, so I kept losing, and then I started borrowing money from people in the field."

Once Pandora's box is opened, what awaits Tango is an endless abyss.

The money lost and the profit from borrowing can scare off ordinary people, but Tango persisted for a year and a half. In the course of a year and a half, along with the repayment of principal and interest, Tango lost the office building, villa, and all the bank deposits he once owned. He was also asked by the loan company to mortgage a property in a small town in Jiangsu that he purchased for his parents. At that time, Tange did not feel anything, he believed in his ability and the resources around him, and he believed that he could one day make a comeback. Until his friend helped him dispose of the last property, and he sent more than ten million in cash into the gold cave again. Frustrated, his friends left him, and he felt the crisis.

There has to be a break. Make a break with gambling, break with the loan company, and break with your past self.

Tango began to close his hands and pay off debts from his friends around him. But I had problems settling with the loan company. Tango's good credit turned into a nightmare at this point. The greedy loan shark ignored that Tango's debts were already well above the state-set maximum principal and interest, and demanded that Tango pay another 1 million in cash. At this time, Tange has changed from a huge family to penniless.

The loan sharks were bone-sucking, and they thought of the mortgaged property in Tango. They took Tango's parents to court.

struggle

"Lawyer Shen, what I want now is to save this house that I gave my parents, and I promised to give the second elder a happy old age, it is really difficult to look at their lost eyes." These were the first words Tangor said when he saw me.

In front of my eyes were court summonses, complaints, a legal, and impeccable loan contract of 1.2 million yuan, a real estate mortgage contract, and the handwritten signature of Tange's mother.

All the evidence points to a reasonable and legal private lending dispute, as if Tange's experience is just a legend, and the lending company is ready for everything, just waiting for the effective judgment to be enforced. "I also asked my original lawyer, they all said no, you can help me see again, really no, I can't help it."

The lender's complaint presents a story in which Zhang paid off a debt for Tange and directly paid 1.2 million yuan in cash to He Mou, an outsider, and then Zhang took Tange's mother to the housing management bureau to sign a loan agreement and go through the real estate mortgage procedures. Tango cannot be paid when due. Litigation was filed.

The complaint seems simple, but it hides many mysteries. First, using a natural person as the plaintiff avoided the legal risk of the lending company as the plaintiff, and secondly, the fact that the delivery was avoided by instructing the outsider and cash delivery was used to avoid the payment of money. As a judge who has heard private lending cases, I am also amazed by the power of capital and the professionalism of lending companies.

But I have always believed that the truth is always the truth.

Tange and I had a long conversation around the facts of the case, inquired in detail about the details of the loan, the repayment details, the mortgage processing process, the relationship between the outsider and the lawsuit, and also read the bank card statement of Tange's repayment, and the WeChat chat records with the staff of the lending company. Don't miss every detail, don't miss every information.

Eventually, I found a flaw.

From the chat records, I learned that the lending company once gave Tange account information of different banks under the names of five different people, and asked Tange to choose an account at random to repay. This is an arrangement for money lenders to facilitate "customers".

In the end, the repayment account chosen by Tange is Zhang Ahong's account.

Zhang Ahong is the plaintiff in this case.

Through bank statements, I found that as early as before the loan date, Tange had deposited nearly 4 million yuan into Zhang Ahong's account. After talking with Tange and Tange's mother, both said that they didn't know Zhang Ah Hong at all, and when they applied for the mortgage, they were also three people who went back to their hometown with Tang Ge's mother, and she didn't know who Zhang Ah Hong was. If the above are all facts, then Zhang Ah Hong may be just a lender's horse boy, so is it possible that the bank card is handled by the lending company and mastered to move the account, and Zhang Ah Hong does not know the clear transactions of the account? If so, then the difference in the flow of funds in this account is the breakthrough in this case.

I decided to tear this hole apart and formed a defense line.

I first submitted an application to the court, requesting the outsider He and the plaintiff Zhang Ahong, to appear in court to clarify the facts. The plaintiff's representative gave feedback to the court that the outsider and Zhang Ah Hong were Macao, and it was inconvenient to travel back and forth and attend the court, and that the creditor-debt relationship between Tange and He had been eliminated, which had nothing to do with the case, and He did not need to appear in court, and provided the IOU provided to He at that time. Combined with the new evidence provided by the other party, I told the judge that He Mou, an outsider in the case, could not appear in court, but the plaintiff himself must appear in court to state the relevant details, otherwise the facts of the case could not be ascertained. Eventually, the judge granted my application and asked the plaintiff to appear in person.

During the trial, I stated several defense reasons: first, the plaintiff and the defendant did not know each other and did not have a loan agreement; Second, Ho's IOU could not prove that the defendant entrusted the plaintiff to deliver the money to He's instructions, and the two were not related; Third, the payment of large amounts of cash requires proof from the plaintiff; Fourth, after the debt is settled, the IOU remains in the hands of the creditor, violating trading customs.

The plaintiff's representative responded to the above defense and still insisted on his own statement. When I could ask the plaintiff's question, I threw out the long-prepared question: Plaintiff, in addition to the money involved, do you have any other financial dealings with the defendant and the defendant's family? Please answer clearly by the plaintiff himself.

This question obviously exceeded the plaintiff's expectations, Zhang Ahong herself fell into a long silence, and from time to time looked back at the agent next to her, but this accidental incident was not within the scope of the agent's known information, and the judge also clearly asked Zhang Ahong himself to answer. There was another long silence, Zhang Ah Hong's face turned red, and a few words popped out of his mouth: "No." ”

These few words are enough. I took out the prepared bank statement: "The bank statement clearly shows that before the borrowing date, the defendant's son deposited 4 million yuan into the plaintiff's account, which is much higher than the plaintiff's claimed loan principal, and the interval between the two is only one week, and the defendant has no reason to borrow 1.2 million yuan from the plaintiff after paying the plaintiff 4 million for no reason; The plaintiff has still filed a lawsuit against the amount of 1.2 million, and it is impossible to have a vague memory of the amount of 4 million, and we reserve the right of recourse for the 4 million yuan in the absence of other economic dealings between the plaintiff and the defendant's family. ”

A lie is a lie after all, and there is no way to go, and this accidental coincidence is the life-saving hammer that breaks the lie and the golden key to restart Tango's life.

Nirvana

Soon after, the first instance judgment of this case was pronounced, and the lending relationship was not established. Fifteen days passed without the plaintiff appealing. Case closed.

Six months later, Tange and I met by chance in Beijing. Tange took his family to spend the summer in Beijing and warmly invited me to dinner. During the dinner, Tange bluntly said that in the past six months, his mental state was very poor and he was unwilling to communicate with people, so he had not contacted the outside world. After this lawsuit, he completely quit the vice of gambling, and the friends who used to work together also extended a helping hand to him again. Now he has come out of the slump and is now helping a friend run a company and getting back on the road to building wealth.

"I can't do it again because I now have a new understanding of wealth." Tango smiled and raised his hand to pour me tea, and from the long-lost smiles of him and his family, I saw the haze recede and hope rekindled. (In order to protect privacy, the characters in the article are pseudonyms)

(This article is translated by software translator for reference only.)