What should I do if I guarantee someone on an IOU and am deceived?

If the helper guarantees on the IOU, if he is deceived, if the amount is large (more than 3,000 yuan), he can report the case to the public security bureau.

The Supreme People's Court and Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud (effective April 8, 2011) provides: Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be a "relatively large amount", "a huge amount", or "an especially huge amount" as provided for in article 266 of the Criminal Law.

Article 266 of the Criminal Law stipulates: Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

If what you say is true, then the guarantee is not valid.

However, you have to prove these facts you say, and if you can't prove them, you should still bear the responsibility of guarantee.

Here are a few details you need to focus on:1Whether the guarantee period and the way of bearing the guarantee liability are clearly written on the IOU.

2.Is there a term for borrowing? 3.Has the other party ever asked you for it, and when did you do so?

For 1, if you do not specify the way to bear the insurance liability, you should bear the joint and several guarantee liability.

2.If there is no repayment deadline for the loan, there is no expiration date for your guarantee liability.

If there is a loan term but no guarantee period, if you demand from you within six months after the expiration of the loan term, you will be liable for the guarantee, and if it is outside the six months, you can be exempted from the liability.

3.As for the issue of an IOU issued to B or A, although you can argue against it if you go to court proceedings, it does not resolve the substantive issue. It's your father who owes money. The relationship between A and B and your father should be best known to your father.

Another question is whether the money your father owes A is an assignment of debt between A and B.

If it is not a guarantee for the original debt, but a guarantee for a "new debt" that has not occurred, there is no need to bear the guarantee liability. Because the guarantee liability is attached to the main debt, the main debt does not exist at all, and of course the guarantee liability does not arise.

References:

The Guarantee Law stipulates that Article 30 The guarantor shall not bear civil liability under any of the following circumstances: (1) The parties to the main contract collude to deceive the guarantor into providing a guarantee; (2) The creditor of the main contract uses fraud, coercion or other means to cause the guarantor to provide the guarantee contrary to its true intentions.

Legal analysis: According to the relevant provisions of the Civil Code, if the other party is defrauded by fraudulent means to make the other party lose the legal act of civil air travel against the true intention, the defrauded party has the right to request the people's court or arbitration institution to revoke it. So it doesn't work.

Legal basis: Civil Code of the People's Republic of China Article 148 Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

The borrower deceives the guarantor to recover some of the assets he has been defrauded by suing in court, and of course, he can also take the form of reporting the case, which may involve the crime of fraud. Article 16 of the Company Law: If a company invests in other enterprises or provides guarantees for others, it shall be resolved by the board of directors or the shareholders' meeting or the general meeting of shareholders in accordance with the provisions of the articles of association; Where the articles of association of the company stipulate a limit on the total amount of investment or guarantee and the amount of a single investment or guarantee, it shall not exceed the prescribed limit.

If a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the general meeting of shareholders.

The shareholders provided for in the preceding paragraph, or the shareholders under the control of the actual controller provided for in the preceding paragraph, must not participate in the voting on the matters provided for in the preceding paragraph. The vote is passed by a majority of the voting rights held by the other shareholders present at the meeting.

External guarantee refers to the external guarantee issued by a domestic institution in China (except for domestic foreign-funded financial institutions) in the form of a letter of guarantee, standby letter of credit, promissory note, bill of exchange, etc., promising to the overseas institution or domestic foreign-funded financial institution (creditor or beneficiary) that the guarantor will perform the repayment obligation when the debtor fails to repay the debt in accordance with the contract.

1. What are the conditions for the company's external guarantee?

1. The guarantor must be an enterprise established by the guarantor at home and abroad in accordance with the law, and directly or indirectly holding shares;

2. The guarantor shall not be a loss-making enterprise for three consecutive years, except for resource development enterprises; Net assets should be positive;

3. Requirements for guarantors: the balance of the guarantee shall not exceed 50% of the net assets, and the ratio of net assets to total assets shall not be less than 15%;

4. The debtor does not need to approve the obstruction of the debtor to guarantee its own debts with its own property;

5. The guarantee performance shall be approved on a case-by-case basis, and the foreign exchange settlement of the foreign exchange funds recovered after the performance shall be approved by the State Administration of Foreign Exchange on a case-by-case basis;

6. Within 15 days after signing the external guarantee contract, go through the registration with the State Administration of Foreign Exchange.

2. What are the precautions for the company's external guarantee?

1. The amount of external guarantee is not limited by the proportion of equity investment of the guarantor.

2. The main debt funds under the financing guarantee shall not be transferred back to China for use in the form of direct investment, ** investment, loans, etc.

3. The non-financing bank guarantee may not stipulate the specific authority and amount in the contract.

4. The restriction on the foreign exchange income requirement of the guarantor is cancelled.

5. External counter-guarantee: The counter-guarantee provided to overseas institutions shall be included in the external guarantee management, and the counter-guarantee provided for domestic institutions shall not be included in the external guarantee management.

If one party fraudulently uses fraudulent means to make the other party commit a civil juristic act against its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke the civil juristic act carried out by the other party by fraudulent means.

Civil Code of the People's Republic of China

Article 148.

Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Civil Code of the People's Republic of China

Article 149.

Where a third party commits a fraudulent act, and the other party knows or should have known of the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. Where the perpetrator defrauds public or private property, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine.

Article 700 of the Civil Code After the guarantor bears the liability of repentance and selling the certificate, unless otherwise agreed by the parties, it has the right to recover from the debtor within the scope of the guarantee liability and enjoys the rights of the creditor against the debtor, but shall not harm the interests of the creditor. Article 681:A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the circumstances agreed upon by the parties occur.

This is subject to guarantee liability. 1. You can't prove to the court that you didn't know; 2. Your signature on the blank IOU can be understood as any amount you are willing to guarantee, and the bona fide third party is not at fault.

You have to prove that your colleague said at that time that you borrowed 30,000 yuan.

Proof? If there is, then you only bear the responsibility of 30,000.

If you can prove that the two parties to the loan contract maliciously colluded to deceive the guarantor, you will not be liable.

It is also invalid if one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a guarantee contract contrary to its true intentions.

According to what you have described, it is divided into:

If the debtor of the main contract uses fraud, coercion or other means to cause the guarantor to provide a guarantee contrary to its true intentions, and the debtor knows or should have known the fact of fraud or coercion, the guarantor shall not be liable for the guarantee.

If the debtor of the main contract uses fraud, coercion or other means to make the guarantor provide the guarantee contrary to its true intention, and the creditor does not know about it, the guarantor shall bear the guarantee liability.

If during the guarantee period, you can prove that your guarantee is only for 30,000 yuan, and the creditor knows about the situation, you are only liable for the guarantee of 30,000 yuan.

After you assume the guarantee liability, you have the right to recover from the debtor.

The above four points need to be proved by corresponding evidence, if you can't prove it, you have to bear the corresponding guarantee responsibility, and you are at fault for signing the blank agreement.

To determine whether it is invalid, you need to provide evidence to prove the fact that the signature was spoofed.

If it cannot be proven, the court will generally recognize the validity of the security agreement.

In addition, you can deduce that it is impossible to guarantee such a large loan (500,000) based on your own income and economic situation (for example, the total net worth is only 20,000 yuan, and the income is only about 2,000 per month), and you can presume that the security agreement is true when you were deceived.

Isn't it a scam to make an IOU?

No, the arrears are not repaid, and having an IOU is usually not affiliated with fraud. The crime of fraud refers to the practice of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.

Constitutive elements of the crime of fraud:

1) Elements of the object, the object of the violation of this crime is the ownership of public or private property. The object of the crime of fraud is limited to the property of the state, the collective or the individual, and not to defraud other illegal benefits.

Some criminal activities, although they also use certain deceptive methods and even pursue certain illegal economic interests, do not infringe on the object of public or private property ownership or are not limited. Therefore, it does not constitute the crime of fraud. For example, abduction and trafficking of women and children is a crime of violating personal rights.

2) Objective elements, this crime is objectively manifested in the use of fraudulent methods to defraud a relatively large amount of public or private property.

1. First, the perpetrator committed fraud. Formally speaking, there are two types of fraudulent acts, one is to fabricate facts, and the other is to conceal the truth, both of which are essentially acts that cause the victim to fall into a misunderstanding. The content of the fraudulent act is to cause the victim to misunderstand the victim in a specific situation and to dispose of the property as desired by the perpetrator.

Therefore, whether it is fabrication or concealment of past facts, present facts and future facts, as long as it has the above content, it is a kind of fraud. If the fraudulent content does not cause them to dispose of property, it is not fraudulent for the purposes of the crime of fraud.

2. Secondly, the fraud causes the other party to have a wrong understanding. The other party's misunderstanding is caused by the actor's fraudulent acts, and even if the other party has a certain error in judgment, it does not prevent the establishment of the fraudulent acts. Between the fraud and the disposition of property by the other party, it is necessary to intervene in the misunderstanding of the other party.

If the other party disposes of the property without misunderstanding due to fraud, the crime of fraud is not established.

3. Thirdly, the crime of fraud is established and requires the victim to dispose of his property after falling into a misunderstanding. The disposition of property is manifested in the direct delivery of property, or the promise that the actor will acquire the property, or the promise to transfer property interests. Where the perpetrator commits fraudulent acts, causing others to abandon their property, and the perpetrator picks up the property, it shall also be punished as the crime of fraud.

However, the act of throwing a metal piece similar to a coin into a vending machine in order to obtain the goods in the vending machine does not constitute the crime of fraud, but can only be established as the crime of theft.

4. Finally, after the fraud causes the victim to dispose of the property, the perpetrator acquires the property, thereby causing damage to the victim's property. Bureau Town.

3) Subject elements: The subject of this crime is an ordinary subject, and any natural person who has reached the legally-prescribed age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime.

4) Subjective elements, this crime is subjectively manifested as direct intent and has the purpose of illegally taking possession of public or private property.

The above knowledge is the answer to the question "Isn't playing an IOU still a fraud", reader.