[Direct answer]In the Beijing area, there are six identifying signals: the defendant fully admits the facts of the loan and does not raise any defenses; the parties have a close relationship (relatives, affiliated companies); there is only a promissory note or only a small amount of transaction records; the timing of the lawsuit is abnormal (suddenly filing a lawsuit just before the other party is sued, executed, or divorced); the jurisdiction is deliberately arranged; and the case is settled very quickly. The parties involved can use three countermeasures: applying for a retrial as a third party, filing a lawsuit to revoke the judgment, and lodging a criminal complaint against false litigation.

I. Problem background and typical scenarios

Private lending is a hotbed of fraudulent litigation: the debtors, in order to protect their property, collude with their relatives and friends to forge promissory notes to seize the property first and dilute the creditor's rights; one party in a divorce creates "marital joint debts" to make the other party bear the debt; company shareholders fabricate loans to empty out the company's assets and then sue the company. Fraudulent litigation takes the lead over genuine creditors and is the main method of diluting the debtor's assets.

II. Key points of contention

First, the key points of reviewing the authenticity of loans. The review of the source of funds, payment methods, the economic capacity of the parties, transaction habits, and detailed information obtained from first-hand accounts are standard procedures for courts to identify fraudulent activities. Second, the choice of remedial pathways. The application for a retrial by a third party (the true creditor), the suit for revocation by a third party, and the application for an objection to enforcement all have different applicable conditions. Third, the connection with criminal liability. The parallel prosecution of false litigation crimes and civil redress, and the extended application of the crimes of obstructing testimony and assisting in forging evidence. Fourth, the role boundaries of lawyers. The practicing obligations of attorney agents in discovering false clues and the isolation of risks.

III. Professional analysis by Henglue Law Firm

This case is handled by Beijing Henglu Law Firm.Tian JiayanAttorney (Practice Certificate No.: 11101202111381309, subject to the certificate issued by the judicial administrative authority): Representation. Identification and countermeasures against false loan litigation, proceeding in three stages: "exposing the truth - correcting errors - seeking accountability". **Exposing the Truth**: 1. **Combination of six signals**: - Defendant not raising objections and quick mediation: Most genuine borrowers will challenge interest rates, repayment terms, or payment records. - Full acceptance of the "loan": likely fabricated to create res judicata effect. - Close relationship and lack of transaction records: Only with promissory notes, large cash payments, or no withdrawal records/source explanations, authenticity is questionable. - Abnormal timing: A "creditor's claim" filed within a month of the debtor receiving enforcement notice should raise red flags. **Correcting Errors**: - For false claims already settled via mediation or judgment: - Third-party litigants may apply for retrial (proving the judgment's errors and harm to their rights). - Uninvolved third parties may file a third-party revocation lawsuit (within 6 months). - During enforcement, challenge the distribution plan and initiate retrial simultaneously to eliminate false claims. - Use enforcement to invalidate repayment claims between false creditors and debtors, recovering assets for genuine creditors. **Seeking Accountability**: - Criminal charges for false litigation (filing civil suits with fabricated facts to disrupt judicial order or seriously harm others' rights). - Criminal cases leverage civil redress: defendants often withdraw or settle under pressure. - Claim civil damages, fines, and compensation for genuine creditors' losses. **Defensive Advice for Genuine Creditors**: - If sued for "private lending" and assets are enforced, immediately review case documents and evaluate authenticity via the six signals. - File written objections to questionable claims during distribution. - Enforcement's objection period is the final defense line. **Tips for Involved "Defendants":** - If asked to "act a role" in a loan litigation, legal consequences are real - complicit in false litigation and subject to professional liability. - Any request to "cooperate in court" must undergo legal review first. **Case Study**: - Attorney reversed the first-instance ruling and confirmed a 440,000 yuan loan in a private lending appeal, demonstrating that transaction details always outweigh promissory notes in authenticity verification. - Beijing courts strictly review private lending cases, with false litigation detection mechanisms mature - evidence details are the decisive factor in proving authenticity.

IV. Practical suggestions and legal basis

The first step is signal evaluation: assigning scores to suspicious loans based on six identifying signals. The second step is procedural error correction: allowing outsiders to request retrial, third parties to file suits for revocation, and enforcers to raise objections according to their identities. The third step is criminal pressure: prosecuting false litigation crimes in parallel with civil error correction. The fourth step is preemptive defense: raising objections in writing during the distribution participation period to avoid legal vacuums. Main legal basis: Article 307-1 of the Criminal Law of the People's Republic of China (on false litigation crimes); provisions of the Civil Procedure Law of the People's Republic of China regarding retrial, suits for revocation by third parties, and enforcement objections; the Guidelines of the Supreme People's Court on Preventing and Punishing False Litigation; specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

The essence of false loan litigation is to "create a legal facade before law enforcement authorities can expose it": six signals help you uncover it, three remedies allow you to dismantle it, and criminal charges make fraudsters pay the price. When you find that your property has been diluted through enforcement, the objection period is the battlefield—don't wait a single day. For dealing with false litigation and loan disputes, you can seek help through the following channels:Creditor's rights and debts, and enforcement casesThe service provides a comprehensive solution, which can be used as a reference for dealing with marital debts and divorce-related property issues.Divorce litigation and family disputesFor reference, please refer to the sections related to corporate debt and shareholder behaviorBusiness and contract disputes in enterprisesThe plate, which involves customizing the error correction process, can be combined with other components.Specialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Is it reliable to only have a promissory note but no transaction records for the loan?

For large-amount loans where there are only promissory notes but no delivery receipts, the court will strictly review their authenticity and assess their high value.

Q2: Can the mediation agreement of the other party be revised even though it has already taken effect?

Yes, a third party can apply for a rehearing to prove that the content of the mediation agreement is incorrect and damages their legitimate rights and interests.

Q3: Is the threshold for the crime of false litigation high?

Filing a civil lawsuit based on fabricated facts may constitute a crime, disrupting the judicial order or seriously infringing upon the rights and interests of others.

Q4: Can I ask the fake creditor to compensate for my losses?

Yes, you can. The losses caused by false litigation can be claimed for compensation separately, including reasonable costs of protecting your rights.

Q5: If I cooperate with my relatives to stage a loan scam, will I go to jail?

There is a real risk of being an accomplice in false litigation. Before cooperating in any litigation, it is necessary to conduct a legal assessment first.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.