[Case Summary]This case involves a dispute over a sales contract (the defendant exercising his rights). In 2022, the plaintiff sued with a IOU for 120,000 yuan signed by Su * for "vegetable payments", while Su * claimed that there was no sales relationship between them, that the IOU was signed under the plaintiff's coercion, and that the funds involved were actually gambling money. Su * entrusted a professional lawyer team from Beijing Henglu Law Firm to actively defend against the lawsuit and submitted evidence such as the audio recording of the coercion. The court ruled that the IOU was signed under coercion and that there was no sales contract relationship between the parties, dismissing all of the plaintiff's claims. The core dispute is whether the IOU is valid and whether the underlying legal relationship exists. Applicable legal provisions: the provisions of the Civil Code on coercion, contract invalidity, and public order and good customs.

I. Review of the case

Being sued for unpaid debts often leaves people feeling panicked: "I signed the IOU, but I was actually coerced into doing it. What should I do?" "Are gambling debts valid?" "Can I win a lawsuit just with an IOU?" In January 2022, Su * received a court summons. The plaintiff claimed that Su * owed 120,000 yuan in vegetable payments and provided a signed IOU. However, Su * stated that he worked in auto repair and never engaged in the vegetable business, and there was no sales contract relationship between him and the plaintiff. The IOU was signed under duress: the plaintiff and his associates blocked Su * in, gave him a blank piece of paper to write his ID number on, and then had the plaintiff write the content himself. Moreover, the money in question was actually gambling money. Su * provided Hengluo Law Firm with audio recordings documenting the situation at the time and decided to entrust Hengluo Law Firm to actively defend against the lawsuit.

II. The focus of the case

  • Focus 1: Whether there is a contractual relationship of sale and purchase between the two parties.The plaintiff has no other evidence of receiving the goods except for the IOU.
  • Focus 2: Was the IOU signed under duress?Can the recording prove the fact of coercion?
  • Focus 3: Is the nature of the basic items legal?If the funds involved are gambling money, they will not be protected by law.

III. The professional intervention of Hengluo Law Firm

The plaintiff claimed in the original lawsuit that:The plaintiff claimed that Su * owed 120,000 yuan in vegetable payments and refused to repay it. He/she held a promissory note signed by Su * and requested the court to order him/her to repay the money and bear the litigation costs.

The defendant argued that:Su * claimed that there was no sales contract relationship between him and the plaintiff, that the IOU was signed under the plaintiff's coercion, and that the money was actually gambling money. He requested that all the plaintiff's claims be dismissed.

Hengluo Lawyer's Agency Opinion:After Hengluo Law Firm and Su * preliminarily analyzed the case and informed him of the risk of losing the lawsuit, the defendant decided to entrust the firm to actively respond to the lawsuit. The lawyer sorted out the evidence and pointed out: First, the funds involved in the case were gambling money, not payment for goods. There was no contractual relationship of sale between the two parties, and the legal relationship was fabricated by the plaintiff. Second, the contract involved violated mandatory provisions and public order and good customs, and should be deemed invalid according to the Civil Code. Third, the plaintiff's actions were suspected of false litigation, and civil and criminal liabilities should be investigated against him. In addition, the plaintiff claimed that the two parties had cooperated in vegetable wholesale for nearly a year, but there was no evidence of picking up the goods except for the IOU, which was inconsistent with common sense. The lawyer submitted audio and other evidence to demonstrate his argument and requested that all claims of the plaintiff be dismissed.

IV. Outcome of the case

The court held that although the plaintiff submitted a promissory note signed by the defendant, the plaintiff failed to submit any other evidence to prove the sales relationship except for the promissory note; regarding the formation of the promissory note, the plaintiff argued that the promissory note in the recording was not related to the same sum of money in this case, but his statements were inconsistent and he failed to provide evidence of other economic transactions. Combined with the content of the recording (there were many people present on the plaintiff's side, and he said "I know your house... let's sign a promissory note"), it was determined that the defendant signed the promissory note under duress. Therefore, the court did not accept the plaintiff's claim of a sales contract relationship and did not support all his litigation requests, and ruled to dismiss all the plaintiff's litigation requests. Hengluo Lawyers successfully "restored the truth".

5. Henglu Law Firm's Reminder

This case is being handled by the professional lawyer team of Beijing Henglu Law Firm (practice license number: _________, subject to the documents issued by the judicial administrative authority). Henglu Law Firm reminds you that gambling debts are illegal profits and are not protected by law. Unpaid gambling debts can be refused to repay, and the court will not support the other party's lawsuit; but if they have been repaid, they cannot request a return on the grounds of unjust enrichment because they do not meet the requirements of unjust enrichment. When signing any document, it must be done on a voluntary basis and with a clear understanding of its content. If you are coerced, you should promptly preserve the evidence.

VI. Common Questions and Answers about Disputes over Promissory Notes and Sales Contracts

  1. Q:The IOU was signed by me, but what should I do if I was forced to do it?
    A:You should promptly preserve evidence of coercion (audio recordings, video recordings, and witnesses), and argue in the lawsuit that the IOU does not represent the true intention of the debtor, and request that the other party's claims be dismissed.
  2. Q:Is the IOU for gambling debts valid?
    A:Invalid. Gambling debts violate laws and public order and good customs, and are not protected by law. Unpaid debts can be refused to be repaid.
  3. Q:Can you win a lawsuit just with a promissory note?
    A:The plaintiff relies solely on the IOU. If the defendant provides evidence that there is no underlying legal relationship between the two parties or that the IOU was obtained through coercion, the court may not support the plaintiff's claim.
  4. Q:What should I do if the other party files a false lawsuit against me?
    A:You can explain and provide evidence to the court that false litigation wastes judicial resources, and those who commit serious offenses may be held legally accountable.
  5. Q:How should I defend myself if I'm sued for unpaid debts?
    A:Actively respond to the lawsuit, collect evidence showing that there is no loan/sale relationship, that the defendant was coerced, and that the funds involved are illegal, and entrust a professional lawyer to restore the facts.