Lawyer

Chapter 136 What a joke!

"From a legal point of view, this is the case. I see that your guaranty contract only has your signature, not your spouse's signature. Did the other party not ask for it at the time? Or did they sign other documents later?" Fang Yi held the guaranty contract in his hand. , asked.

"Hi! This matter was done in a hurry at the time. My daughter-in-law and a few sisters traveled abroad and were not at home, so the signing was not completed." Mr. Meng said.

"Mr. Meng, does sister-in-law know about this?" Li Shuming interjected.

"How is it possible? I did it behind her back when I provided a guarantee to my friend. If I let her know, she wouldn't scratch me to death." Mr. Meng said seriously.

"Well, I understand. Also, let me ask one more question, who are the shareholders of your company?" Fang Yi asked.

"The shareholders of the company are my parents. When I applied for the business license, I worked in the system and it was inconvenient to be a shareholder. Let my daughter-in-law be a shareholder. I was not at ease, so the name of my parents was written in the end, and my daughter-in-law was in charge of the operation. Management." Mr. Meng said.

"Well, your signature is on the guarantee contract. You are the guarantor. It is impossible to erase your guarantor's identity." Fang Yi said.

"Well, I agree with this. Who asked us to sign it." Boss Meng nodded.

"However, you signed it, but your lover didn't sign it. If this debt is really traced to you, it is also a personal debt, not a family debt." Fang Yi said.

"Oh! You mean..." Mr. Meng seemed to understand something.

"I don't mean anything. I'm just talking about the facts and what the law stipulates. I didn't give you any advice." Fang Yi said hastily.He didn't want to be known as helping avoid debts.

"I understand, you continue to talk. Just teach me the law." Meng is always a smart person, so he naturally understood Fang Yi's meaning.

"According to the existing materials, the guarantor is you, not family property. According to the provisions of the Marriage Law, the income of husband and wife during the period of living together belongs to the common property. If the creditor applies for compulsory enforcement, it can only be enforced by you Part of the property, your lover's part is not enforceable.

That means half of your family's property is at risk of being enforced.Of course, this does not include your company's equity, which means it has nothing to do with your company, because the company's shareholders are not you.Legally speaking, the company has nothing to do with you. Fang Yi took a sip of tea after speaking, then smiled and looked at Mr. Meng, asking him to digest what he just said.

"I thought I was going to execute all my family's property. I understand when you say that." After a while, Mr. Meng's brows relaxed a little.

"The creditor hasn't sued yet, right?" Fang Yi asked.

"Well, I haven't sued before, but I think it will be soon, the loan will be due in two months, and when my friend doesn't pay the money, they will definitely sue.

During this period of time, they also heard some rumors, and they were looking for my friend to talk about repayment. Fortunately, my friend's company is still operating, but it is difficult to collect money, and it has not yet reached the level of bankruptcy. "Mr. Meng said.

"Well, how is your relationship with your lover? Is there any disharmony or divorce?" Fang Yi asked suddenly.

"Arguing for a divorce? What do you mean?" Mr. Meng was taken aback for a moment, and then said: "We have always had a good relationship, and we had trouble before, but it has been several years."

He felt that Fang Yi's sudden question about this matter must not be out of gossip, and what the lawyer said would definitely not be aimless.

"Well, the Marriage Law clearly stipulates that the husband and wife can agree to divorce, and the division of property is also determined by both parties through consultation.

Once divorced and the property is divided, there is no issue of joint property.Even if the creditor sues to the court and the court confirms the creditor's rights, the judge will not enforce the property divided to the other party during the previous divorce.

Unless there is evidence to the contrary that the divorce is to avoid debts, or the debt itself is a joint family debt, not a personal debt of one party. "Fang Yi said.

"Oh, that is to say, if our husband and wife are not in harmony, and we go to the Civil Affairs Bureau to go through divorce procedures before the other party sues, the property distributed to my daughter-in-law will not be within the scope of enforcement." Mr. Meng said thoughtfully.

"This is the case in law and practice. The premise is that you have a real divorce, and the division of property in the agreed divorce must be similar. Don't leave the house to make people feel that you are cheating.

Of course, there are risks in everything. Even if you are really divorced, accidents cannot be ruled out. Of course, the chances are relatively small, so you have to think about it. "Fang Yi said.

"Well, I understand. Thank you, Lawyer Fang, for teaching the law today." Mr. Meng smiled, and his brows were already stretched: "Do you want to add a few more dishes?"

In fact, the three of them had almost eaten at this time, Mr. Meng was just being polite, and Li Shuming and Li Shuming naturally understood.

"No need, I've already eaten." Fang Yi smiled.

I thought I could get a case by coming here today, but it turned out that Boss Meng had no intention of entrusting the case at all, but only for consultation. He couldn't help but feel a little disappointed.

"Lawyer Fang, are you staying in the city tonight, or do you have other arrangements?" Mr. Meng stood up and poured tea for Fang Yi and Li Shuming.

"Lawyer Fang will stay overnight today and go back tomorrow afternoon." Li Shuming didn't wait for Fang Yi to speak, and said, "Mr. Meng?"

"To tell you the truth, I do have something to ask Lawyer Fang for help.

My daughter-in-law's brother, that is, my brother-in-law, his son, my nephew, did not learn well all day long, and recently caused trouble again. My wife said that he was suspected of fraud and was arrested by the Public Security Bureau.

My sister-in-law is responsible for this matter. My brother-in-law has been doing business in Africa all year round and has no time to take care of the children.The child was spoiled and spoiled by my sister-in-law since he was a child. He held it in his mouth for fear of melting, and held it in his hands for fear of falling. The whole family circled around him. He looked like a devil entering a village wherever he went. It's a mess and my sister-in-law doesn't care.

It's fine if you don't pass the college entrance examination, and you hang out with a bunch of dubious people in the society all day long, and you're so sloppy, it's not a good thing at first glance.

Not long ago, my daughter-in-law came back from her natal home and asked me to find a lawyer to see if I could bail out the child. Since Lawyer Fang is good at criminal cases, I would like to ask Lawyer Fang to talk to my brother and sister-in-law. Get a lawyer. "Mr. Meng said.

After listening to Fang Yi's legal consultation for him today, Mr. Meng felt that the middle-aged lawyer in front of him was really talented, so he thought of borrowing flowers to offer Buddha.

"I don't have any arrangements at the moment, you can make an appointment." Fang Yi said.It is a great thing to introduce the case. If it can bring another income, he is naturally willing to meet and talk.

After leaving the private restaurant, Li Shuming felt a little upset, and he defended Fang Yi and said: "This old Meng, I answered his consultation for a long time, and I don't know how to give him a red envelope. It's really picky."

(End of this chapter)