Lawyer's character

"Legally, that's the case. I see that your guarantee contract only has your signature, not your lover's signature. Didn't the other party ask for it at the time? Or did he sign other documents later?" Fang Yi held the guarantee contract in his hand. , asked.

"Hi! This matter was done urgently at the time. My wife and some sisters went abroad for a trip and were not at home, so the signature was not completed." Mr. Meng said.

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

"How is it possible? When I provided guarantee to my friend, I did it behind her back. If she found out, she would still kill me." 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 not convenient for me to be a shareholder. Let my wife be a shareholder. I was worried, so the last name was written in my parents' name. My wife was responsible for the management. Management." Mr. Meng said.

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

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

"However, you signed, but your lover did not sign. If this debt is really traced to you, it will be a personal debt, not a family debt." Fang Yi said.

"Oh! What do you mean..." Mr. Meng seemed to have heard something.

"I don't mean anything. I just discussed the matter and told you what the law stipulates. I didn't give you any suggestions." Fang Yi said hurriedly. He didn't want to be known as helping to avoid debt.

"I understand, please continue talking. Just think of it as teaching me the law." Mr. Meng is a smart man and naturally understands what Fang Yi means.

"From the available materials, it appears that the guarantor is you personally, not family property as a guarantee. According to the provisions of the Marriage Law, the income of the couple when they live together is common property. If a creditor applies for enforcement for debt collection, it can only enforce your personal debt." Part of the property, your loved one’s portion, is unenforceable.

This means that half of your family's property is at risk of being executed. Of course, this does not include your company's equity, which means it has nothing to do with your company, because the company's shareholder is not you. Legally speaking the company has nothing to do with you. "Fang Yi finished speaking and took a sip of tea, then looked at Mr. Meng with a smile and asked him to digest what he just said.

"I thought that all my family's property was to be executed. I understood when you said that." After a while, Mr. Meng's brows relaxed a little.

"The creditors haven't sued yet?" Fang Yi asked.

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

During this time, they also heard some rumors and were talking to my friend about repayment. Fortunately, my friend's company is still operating, but it is just difficult to collect payments, and it has not yet gone bankrupt. "Mr. Meng said.

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

"Divorce? What do you mean?" Mr. Meng was stunned for a moment, and then said: "We have always had a good relationship. We had a divorce a long time ago, but it has been several years."

He felt that Fang Yi's sudden question was definitely not out of gossip, and the words coming out of the lawyer's mouth were definitely not without purpose.

“Well, the Marriage Law clearly stipulates that both spouses can divorce by mutual agreement, and the division of property must be determined through negotiation between the two parties.

Once divorce occurs and property is divided, there is no issue of community property. Even if the creditor files a lawsuit in 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 contrary evidence that the divorce is to avoid debt, or the debt itself is a joint debt of the family and not a personal debt of one party. "Fang Yi said.

"Oh, that is to say, if our husband and wife are at odds and go to the Civil Affairs Bureau to go through the divorce procedures before the other party files a lawsuit, the property distributed to my wife will not be subject to execution." Mr. Meng said thoughtfully.

"This is the case in law and practice. The premise is that you must really get divorced, and the property division in the divorce must be similar. If you don't leave the house, it will make people feel like you are cheating.

Of course, everything has risks. Even if you do get divorced, unexpected situations 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 your legal education today." Mr. Meng smiled, his brows already widening at this time: "Would you like to add some 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 said with a smile.

He thought he could get a case by coming here today, but it turned out that Mr. Meng had no intention of entrusting the case and was just consulting. 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 is staying overnight today and will go back tomorrow afternoon." Li Shuming said without waiting for Fang Yi to speak, "Is there something wrong with Mr. Meng?"

"To tell you the truth, I do have something I would like a lawyer to help me with.

My wife's brother, who is also my brother-in-law, and his son, my nephew, are not learning well all the time. Recently, they have been in trouble. My wife said that he was arrested by the Public Security Bureau on suspicion of fraud.

I have to blame my sister-in-law for this. My brother-in-law has been doing business in Africa all year round and has no time to take care of the children. That child has been pampered by my sister-in-law since he was a child. He would hold it in his mouth for fear of melting and hold it in his hands for fear of falling. The whole family would circle around him. He would act like a Japanese invader in every house he visited. He would rummage through everything and destroy other people's homes. It’s a mess and my sister-in-law doesn’t care.

It doesn't matter if he didn't pass the college entrance examination, but he still hangs out with a bunch of shady people in society all day long, and behaves in a shady manner, which is not a good thing at first glance.

Not long ago, my daughter-in-law came back from her parents' home and asked me to help find a lawyer to see if she could bail out the child. Since Attorney Fang is good at criminal cases, I would like to ask Attorney Fang to talk to my brother and sister-in-law. They are now in the process of bailing out the child. Find a lawyer. "Mr. Meng said.

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

"I have no arrangements at the moment, please make an appointment." Fang Yi said. It was a good thing to introduce the case. If it could bring another income, he would naturally be willing to meet and talk.

After leaving the private restaurant, Li Shuming felt a little unhappy. He defended Fang Yi and said, "This Lao Meng answered his inquiries for a long time and didn't even know how to give him a red envelope. He's really stupid."