Donation without merit, Yu Ru Yu Cheng: After four years, Lawyer Gao Peng successfully recovered the case funds for the client

2023 05/16

Recently, Lawyer Li Zongjiang, a partner of Gaopeng Law Firm, successfully recovered the payment for a private loan dispute that lasted for 4 years.


The client and defendant have been friends for many years. Due to investment needs, the defendant borrowed more than 4 million yuan from clients in 2018 and 2019 respectively. After the investment failed, the defendant was unable to repay the loan. Lawyer Li Zongjiang filed a lawsuit on behalf of the client, and the case went through first and second trials, obtaining an effective judgment. Due to the defendant's failure to voluntarily fulfill the judgment, the case entered the compulsory execution process. After investigation by the court, it was found that the person subjected to execution has no property available for execution, and the court ruled to terminate this execution procedure.


After consulting with the enforcement judge, it was found that there was a property under the name of the person being executed, but before the plaintiff filed a lawsuit, the property was transferred to a third person. After learning of this information, Lawyer Li Zongjiang immediately applied to the court for a lawyer's investigation order and retrieved the property and marriage files. After investigation, it was found that the original owner of the property in question was the defendant. Prior to the lawsuit, the defendant transferred the property to their spouse's name and completed divorce registration procedures with their spouse.


Subsequently, Lawyer Li Zongjiang urgently filed a creditor revocation lawsuit with the court and simultaneously applied for property preservation to seal down the aforementioned property. After trial, the court ruled to revoke the defendant's transfer of property.


Finally, after multiple rounds of communication, the defendant and the third party proactively reached a settlement with the client and repaid the first execution payment to the client according to the settlement agreement.


The dispute in this case lasted for 4 years, and the outbreak of the COVID-19 made the case even more difficult. From the beginning of accepting the commission to the final design of the settlement agreement, Lawyer Li Zongjiang's highly responsible and pursuit of refined legal services work attitude has once again won the recognition of the client.