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A dispute caused by the arbitrage of a bill

Update time：2016/9/21 11:00:50　Browse times：327

The following bill dispute has typical guiding and warning significance.
A company in Shanghai has several outstanding bank acceptance bills, but in order to get cash, it paid the bill to the defendant Zhang in the form of loan, and agreed on the amount and time that Zhang should pay. Later, Zhang did not pay the money on schedule. The company learned that Zhang had cashed out these bills and was suspected of fraud.
The company immediately reported the case to the public security organ, and hoped that the lawyer could help them apply to the court for the filing procedure of public summons, and recover the ownership of the bill by reporting the loss of the bill and stopping payment and the court's ex right judgment. In this case, can the company successfully obtain the bill rights through the court's public summons procedure?
Through the analysis, whether the company can fully recover the bill rights through the court's public summons procedure depends on two factors: first, whether the endorsement transfer of the bill is continuous and whether it conforms to the legal provisions.
Second, whether the final holder of the endorsement transfer pays the consideration and obtains the bill through real transaction.
If the answer to the above two factors is "yes", then even if the company obtains the ex right judgment through the public summons procedure, it will eventually be unable to obtain the legal rights of the bill due to the final claim of the holder.
Here to remind the majority of friends, notes arbitrage risk, must be cautious!

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A dispute caused by the arbitrage of a bill