Loan Guarantee Dispute: Court Upholds Guarantor Liability After Forensic Signature Analysis

An appellate court in eastern China has upheld a trial court judgment holding a guarantor liable for a 200,000 yuan loan after rejecting his claim that his signature on the promissory note was forged.

In April 2010, Mr. Yan borrowed 200,000 yuan from Mr. Yu, with Mr. Wang and another guarantor providing security. The funds were wired into Mr. Wang’s account and withdrawn by Mr. Yan. An initial promissory note carried 3 percent monthly interest. In August 2010, the parties replaced it with a new note reducing interest to 2.5 percent monthly, with a three-month term.

Mr. Yan failed to repay. Mr. Yu sued in March 2011. Mr. Wang denied signing the August 2010 note and sought a handwriting expert opinion. The forensic examination produced mixed results: the questioned signature did not match a sample Mr. Wang provided, but did match a signature on a May 2010 promissory note that Mr. Wang acknowledged was genuine. The fingerprint comparison was inconclusive.

The trial court found Mr. Wang’s signature genuine based on the match with the May 2010 note. It held the loan valid but reduced interest to four times the central bank’s benchmark rate. Mr. Wang and the other guarantor were held jointly liable.

Mr. Wang appealed, challenging the forensic procedures and the trial court’s choice of comparison samples. The appellate court affirmed, finding the trial court properly weighed the forensic evidence and correctly applied the law. The signature match with the acknowledged May 2010 note was sufficient to establish authenticity.

Mr. Wang bore the 4,750 yuan second-instance fee. The judgment is final.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.