A Chinese man left a debt of 58,000 yuan after his death, and the court pursued it from his wife and daughter. (Schematic diagram / flip from pixabay)
After the death of a family member, if there are outstanding debts, should other relatives pay them on their behalf? A man surnamed Chen died in Taizhou City, Zhejiang Province, China. He still owed 58,000 RMB (approximately NT$256,000) on his credit card. The bank pursued it from his wife and daughter, and the verdict was issued.
According to comprehensive land media reports, Chen Nan had a credit card with good credit and paid the card fee on time. Unexpectedly, he passed away due to illness shortly after swiping the card for 58,000 RMB. After the bank learned about this, they contacted Chen Nan. Chen’s wife and daughter begged for the money, and told them that they would take legal action if they didn’t return it. A dispute broke out between the two parties. Chen’s man and daughter demanded that “the bank should first prove the relationship, otherwise everything else will be discussed,” and then hung up the phone.
Afterwards, the bank approached Chen Nan’s wife and daughter, hoping that the other party would repay the debt, but Chen Nan’s wife stated that she had no knowledge of the credit card debt, and the inheritance had already been used to pay other debts, and there was no money to return. However, the bank could not accept it and sued the two people to the court.
The court held that Mr. Chen’s previous credit card fee was really not known to his wife. At this time, the bank needed to provide evidence to prove that 58,000 RMB was used for the couple’s life together, but the bank could not provide it. Therefore, the money did not belong to the joint debt of the husband and wife. Mr. Chen The wife has no obligation to repay. However, the bank refused to accept it and advocated that Chen’s seven wives and daughters inherit the real estate and should return the 58,000 RMB arrears.
In court, Mr. Chen’s wife submitted proof of repayment and details of the loan, confirming that Mr. Chen owed a lot of foreign debts before, and the inheritance had been used to repay the arrears. In the end, the judge ruled that Chen, his wife, and his daughter did not have to repay the debt. The bank appealed to the second instance, but the court rejected the appeal and ruled that the bank lost the case.