[Direct answer]In the Beijing area, false litigation refers to the act of a party initiating a civil lawsuit based on fabricated facts, which disrupts the judicial order or seriously infringes upon the legitimate rights and interests of others. When encountering a lawsuit initiated by the other party with false IOUs or forged contracts, one should actively defend oneself and provide evidence to refute the claims. According to Article 115 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021), if a party forges or destroys important evidence or obstructs the trial, the court may impose a fine or detention based on the severity of the circumstances. If the act constitutes a crime, criminal responsibility shall be investigated in accordance with Article 307 of the Criminal Law of the People's Republic of China on the crime of false litigation. If false evidence is discovered during the enforcement stage, an objection to enforcement may be raised. It is recommended to consult a professional lawyer as soon as possible with the relevant materials to avoid assuming untrue debts.

I. Problem Background and Typical Scenarios

In civil lending and creditor-debtor disputes, some creditors or debtors will use forged promissory notes, fabricated transfer records, and false witness testimonies to initiate civil lawsuits, with the intention of misappropriating the other party's property, transferring assets, or obstructing enforcement. Typical scenarios include: the lender holding a promissory note signed by the borrower but with its content tampered with; the parties having no genuine lending relationship but being sued on the grounds of "cash delivery"; in cases that have already entered the enforcement process, outsiders holding false claims participating in the distribution; and fictitious debts being created between spouses or relatives to transfer property. Such situations not only burden the innocent party with false debts, but also may involve criminal risks, making it crucial to identify and defend against them in a timely manner. For more scenarios, please refer to the following link:Legal services for creditor-debtor disputes and enforcement casesUnderstand the approach to dealing with the situation.

II. Key points of contention

The core disputes of the defense against false litigation focus on three aspects: First, whether the lending relationship truly exists. The court will comprehensively judge based on the promissory note, transfer vouchers, transaction habits, and the statements of both parties. The risk of "isolated evidence" with only a promissory note but no actual delivery evidence is extremely high. Second, the allocation of the burden of proof for the authenticity of evidence. The party claiming that the promissory note is forged usually needs to first provide clues for reasonable suspicion, and then the court will decide whether to initiate an appraisal. Third, the boundary between false litigation and normal litigation losses. Just having evidence flaws does not equal false litigation. It is necessary to prove that the other party subjectively "fabricated facts". In addition, in scenarios such as participation in the distribution of enforcement proceeds and confirmation of bankruptcy claims, if a third party claims that the creditor's claim is false, it also involves the procedural intersection of enforcement objections and litigation against enforcement objections.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers found in handling creditor-debtor and enforcement cases that the key to successfully defending against false litigation lies in "evidence countermeasures and procedural coordination". On the substantive level, the defendant should actively construct a reverse evidence chain: bank transaction records proving no receipt of funds, call and chat records proving no borrowing agreement, and third-party witnesses proving the signing scene. On the procedural level, the defendant can apply for judicial appraisal and witness testimony during the trial stage, and raise enforcement objections and file enforcement objection lawsuits in the enforcement stage to block false creditor claims from participating in asset distribution. For those that are indeed fabricated, the defendant can also request the court to impose fines or detention on the perpetrators in accordance with Article 115 of the Civil Procedure Law, or refer the case to the public security organ to investigate the crime of false litigation. In practice, the earlier the evidence is fixed and the earlier professional lawyers are involved, the higher the success rate of the defense will be. It is crucial not to wait until the judgment takes effect and enters the enforcement stage to respond passively. Relevant experience can be referred to for reference.Legal services for creditor-debtor disputes and enforcement cases.

IV. Practical suggestions and legal basis

At the legal basis level: Article 115 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021) stipulates that if the parties maliciously collude with each other and attempt to infringe upon the legitimate rights and interests of others through litigation, mediation, etc., or forge or destroy important evidence to hinder the trial, the court may impose fines or detention on them according to the seriousness of the circumstances, and those who constitute a crime shall be investigated for criminal responsibility according to law; Article 307 of the Criminal Law of the People's Republic of China (amended on December 26, 2020) stipulates that anyone who initiates a civil lawsuit with fabricated facts, disrupts the judicial order, or seriously infringes upon the legitimate rights and interests of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and may also be fined or given a single fine. Practical suggestions: Pay attention to keeping the vouchers of fund transactions on a daily basis; respond to suspicious lawsuits immediately and apply for appraisal; clarify the situation to the court and fix evidence in time if any false clues are found; and protect rights and interests by means of criminal reporting and civil defense in parallel when necessary.Legal services for creditor-debtor disputes and enforcement casesAndLegal services for corporate commercial and contract disputesIntegrated response.

5. Henglu Law Firm's Reminder

When facing false litigation, it is most unwise to passively avoid or delay dealing with it. Many litigants mistakenly believe that "if I didn't borrow the money, the court won't rule against me" when they receive the complaint, and choose not to respond. As a result, they regret it too late when they are ruled against in absentia and enter the enforcement stage. Henglue Lawyers advise: As long as the other party submits seemingly complete promissory notes and contracts, you should take it seriously and actively provide evidence; at the same time, be vigilant against the potential risks of malicious preservation and false participation in distribution. Original evidence, bank transaction records, and communication records are the three essential tools to fight against false litigation, and it is essential to fix them as soon as possible. If you suspect that you are currently facing false litigation, it is recommended that you consult a professional lawyer as soon as possible with all the materials, evaluate and identify the combination of solutions such as objections and criminal reporting, and block the risks before the judgment. For more procedural details, please refer to the relevant materials.Special services and legal services for other casesAndBeijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: If the other party sues me with a fake promissory note, what should I do first?

After receiving the lawsuit, do not fail to appear in court to defend yourself. Failure to appear will be regarded as waiving the right to defend and the court may make a default judgment based on the evidence provided by the other party. The first step is to comprehensively verify the authenticity of the IOU: compare the signatures and handwriting, the time when the IOU was written, and whether the agreed interest rate exceeds the legal protection cap; the second step is to sort out the financial transactions between the two parties and retrieve the bank statement to prove that the borrower has never received the money; the third step is to collect materials such as WeChat chats, recordings, and witness testimonies to prove that the loan relationship does not exist. At the same time, according to Article 115 of the Civil Procedure Law, you can inform the court of the circumstances of the other party forging evidence, apply for a judicial appraisal of the authenticity of the IOU, handwriting, and formation time, and reserve the right to hold the other party accountable for false litigation. If necessary, hire a lawyer to develop a systematic defense plan to avoid being implicated in the false debt.

Q2: I haven't received the money, but my signature is on the IOU. Can I still successfully defend myself against the claim?

Yes. A loan contract between natural persons is established when the lender provides the loan. If there is only a signed IOU but no actual payment of the loan, the lending relationship has not truly occurred. When defending against the claim, the defendant should focus on proving that "signing the IOU does not equal receiving the money": provide proof of the borrower's bank statement showing no corresponding account entry during the same period; explain the background of the signature (such as signing on a blank piece of paper, being coerced, or merely acting as a witness); and request a review of the reasonableness of the loan amount and interest rate recorded in the IOU compared to the transaction practices. If the other party claims that the payment was in cash, the defendant should require them to explain the source of the cash, the time and location of the payment, and the people present. Generally, it is difficult to believe a large cash payment without any supporting evidence. The court's review of private lending emphasizes the "authenticity of the payment". When the evidence chain is incomplete, the defendant can often avoid being held liable for the false debt.

Q3: If we only find out during the execution stage that the other party is involved in a fraudulent lawsuit, is there still a chance to recover the situation?

It's still possible, but the process is more complicated. If the false claim has entered the enforcement stage (such as participating in the distribution or enforcement), you can file an enforcement objection as a third party in accordance with the relevant enforcement supervision and objection system of the Civil Procedure Law, claiming that the claim determined by the effective document is fictitious and should not be used as the basis for enforcement; if the objection is rejected, you can file a lawsuit against the enforcement objection. At the same time, you can request the court to initiate a retrial of the original judgment on its own initiative, or apply to the procuratorial organ for legal supervision. If the other party's behavior is suspected of committing the crime of false litigation, you can collect clues and report the case to the public security organ. After the criminal case is filed, the civil enforcement will often be suspended for review. It should be noted that the evidence requirements for countermeasures in the enforcement stage are higher. It is recommended to systematically organize the objection materials with the assistance of a lawyer to avoid losing rights and interests due to exceeding the time limit or procedural mismatch.

Q4: If the other party forges evidence, can I sue them in return?

Yes, and there are more than one path to pursue. At the civil level, you can request the court to impose a fine or detention on the party who forged evidence in accordance with Article 115 of the Civil Procedure Law, and claim compensation for their obstructive behavior. If the false litigation has caused you property losses, you can file a separate lawsuit to claim compensation after the court confirms the falsity of the litigation. At the criminal level, if someone forges evidence to initiate false litigation and disrupt the judicial order, you can report the case to the public security organ to investigate the crime of false litigation in accordance with Article 307 of the Criminal Law. At the same time, Article 307 also regulates acts of assisting in destroying or forging evidence. At the administrative and disciplinary level, making false statements or submitting perjured evidence in litigation may also result in the court recording it in the credibility file. It is recommended to first fix the objective conclusion that "the evidence is forged" through judicial appraisal, and then simultaneously advance civil sanctions and criminal reporting to increase the success rate of accountability.

Q5: If I hire a lawyer to defend against a false lawsuit, what materials should I prepare approximately?

It is recommended to prepare at least four types of materials: First, identity and litigation documents, including ID cards, complaints, subpoenas, and copies of evidence submitted by the other party; Second, financial transaction records, including the bank statements of the applicant and their spouse (if applicable) and WeChat/Alipay transfer records, which can be used to prove that the borrower has not received the loan or to verify the authenticity of the transaction; Third, communication records, including WeChat messages, text messages, emails, and audio recordings with the other party, which can be used to verify the authenticity of the loan agreement and the background of the signatures; Fourth, supporting evidence, such as the contact information of witnesses, comparison samples (previous signature documents) needed for appraisal, and explanations of transaction habits. The more complete the materials are, the more accurately lawyers can determine whether they are "evidential flaws" or "fraudulent litigation", and accordingly choose the path of defense, appraisal, objection, or criminal reporting. For related consultations, please contact us viaBeijing Henglue Law FirmAppointment.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglue Law Firm