07/10/2022 09:13

Being sued for debt collection after paying that amount to the parents of the lender in Vietnam

Being sued for debt collection after paying that amount to the parents of the lender in Vietnam

In Vietnam, there are many cases where we borrow money from a person but pay that person's relatives to transfer it back. For example, borrowing money from A but paying it to A's parents because A is not home at that time. If everything goes well, that's good, but in case A's parents say you haven't paid for them, you may be sued by A to get the property back.

To demonstrate the above situation about the things that the lender sued the borrower to pay the full amount of the loan even though the borrower paid almost half of the loan amount to the mother of the lender. This is the content of the judgment 170/2017/DSST dated 11/07/2017 on the dispute to reclaim the property of the People's Court of An Phu district, An Giang province.

The details of the judgment are as follows:

In 1993, Mrs. N (plaintiff, lender) lent Ms. M and Mr. T (defendant, borrower) 3.5 taels of gold and when borrowing Mrs. M's wife and husband, Mr. T went to Ms. N's house to receive it with a gold receipt made on October 11, 1993.

After that, Ms. N was arrested for violating the criminal law and sentenced to 10 years in prison. After being released from prison in 2000, she requested Ms. M and Mr. T to pay 3.5 taels of gold and 24karat gold, but they said that they had already paid Ms. S (N's stepmother) and did not agree to pay the debt.

At the trial, Ms. M admitted to having borrowed 3.5 taels of gold from Ms. N in 1993. However, she returned the above gold amount to Ms. S 1.5 taels and Mr. Tran Van N who is the father of Ms. N 02 taels of gold which had no evidence to prove this payment.

The court found that Mrs. M borrowed 3.5 taels of gold from Ms. N but did not pay directly to Ms. M but instead paid S 1.5 taels and paid N 02 taels without the opinion or authorization of N, so it is not the right subject of civil transactions.

The court decided to force Ms. Luong Thi M to pay Ms. Tran Thi N an amount of VND 119,105,000 (One hundred and nineteen million, one hundred and five thousand dong) equivalent to 3.5 taels of 24karat gold. Based on:

+ Article 256, Civil Code 2005 (now Article 166, Civil Code 2015 );

+ Clause 2, Article 155; Point d, Clause 1, Article 688 of the 2015 Civil Code;

+ Precedent No. 02/2016/AL was approved by the Council of Judges of the Supreme People's Court on April 6, 2016

+ Article 23 of Resolution 03/2012/NQ-HDTP dated December 3, 2012;

+ Clause 2, Article 26; Clause 1, Article 147; Point c, Clause 1, Article 217 of the Civil Procedure Code of Vietnam

This is the same lesson for us when making transactions in daily life

+ Firstly, when performing a civil transaction, there must be a full contract or document showing information (such as the purpose of the money delivery and receipt, the transaction at any time and place, etc.) as well as the signed by parties and preferably with a witness. In the above case, with the amount paid to Ms. S, the defendant can sue to ask Ms. S to pay, but not with the amount given to Mr.N  because there is no proof that Mr. N is dead, it is even more difficult to claim.

+ Secondly, pay someone's loan, and when paying, don't forget to have a confirmation from the lender or related documents of the loan.


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