Grassroots lawyers also have spring

Chapter 120 It's Your Luck!

When the trial was over and the transcript was signed, Wang Chuan followed Zheng Yi out of the courtroom.

"Lawyer Zheng, how do you think this case will be judged today?" Wang Chuan asked in a low voice.

"I feel that the direction of the whole case is in our favor. How sure do you feel?" Zheng Yi turned to look at Wang Chuan.

"Seventy to eighty percent! I feel that the judge's question basically revolves around the legitimacy and improper relationship of the termination of the labor relationship. He didn't ask the plaintiff's salary income in the [-] months before he left the company. It is very likely that he will overturn the The award of labor arbitration." Wang Chuan thought for a while.

"Well, even if the other party regrets it now, it's too late to withdraw the lawsuit. Don't forget, the company has also sued. Even if the other party withdraws the lawsuit, the company's lawsuit still exists, and the judge must make a judgment." Zheng Yi said proudly.

At one o'clock in the afternoon, after Zheng Yi and Wang Chuan arrived in Nanjing by train, they didn't bother to visit the Confucius Temple and other tourist attractions, so they ate something hastily and boarded the return train.

Of course, Wang Chuan will definitely not be able to catch up with the performance at the bar on Tuesday night. Fortunately, he has already asked Brother Six for leave.

On Wednesday the next day, Wang Chuan went to the legal service office full of energy.

"Brother, how was the battle going yesterday?" Pan + Jinlian hurriedly asked when they saw Wang Chuan sitting behind a desk typing.

"Fortunately, the case has been concluded, and the verdict is waiting." Wang Chuan raised his head and said.

At this moment, a middle-aged man in his 40s and plain clothes walked in from the door.After entering the door, he sized up Zhang Dahuyou and others.

At this time, Zhang Dahuyou was "advising" a young man who was about to divorce, and his spittle was flying all over the sky.Pan + Jinlian just put down their small backpacks and are wiping the table and keyboard with paper towels.

The middle-aged man came straight to Wang Chuan.

"Hello, I want to consult something." The middle-aged man said to Wang Chuan, who was bowing his head to review the contract.Before Wang Chuan got off the subway in the morning, Director Niu sent him a contract for him to review in the morning.

"Hi, please sit down. What do you want to ask?" Wang Chuan smiled.

"Two years ago, someone lent me a sum of money, and I haven't repaid it until now. Recently, I heard that he was sued by others, and the property mortgaged to me was also seized. I would like to ask, if I sue now, can I still get my money back?" Return the money?" The middle-aged man struggled.

"Did you bring the IOU?" Wang Chuan asked.

"Bring it." As he said, the middle-aged man took out an IOU from his bag, with his signature and red handprint on it.

"Well, a total of 20 yuan..." Wang Chuan looked at it and said, "It is stipulated in the IOU that he will use the real estate as a mortgage. Have you gone through the mortgage procedures?"

"Mortgage procedures? He gave me the original copy of the house. It was agreed at the time that I would hand over the house book to him after he paid back the money. Does this count as mortgage procedures?" the middle-aged man asked.

Wang Chuan looked up at the house book in the middle-aged man's hand, and explained: "The real estate mortgage is different from other property mortgages, and it is not enough to hand over the house book.

Real estate mortgage requires the owner of the real estate to take the house book to the real estate management department to apply for mortgage registration. The real estate management department will record the mortgage on the real estate certificate and stamp it.It will also issue other warrants to the mortgagee.

To put it bluntly, if the other party hands over the original copy of the house to you, there will be no mortgage effect.The other party can directly apply for a new real estate certificate on the grounds that the real estate certificate is lost.In other words, the original property certificate is of no use in your hands.

You also said just now that some creditors have sued, and I advise you to sue as soon as possible.It is best for the other party to repay. If you do not repay, the house will definitely be auctioned. If there is no mortgage on the property, your creditor's rights will be treated as ordinary creditor's rights and wait for distribution like other creditors.

If the proceeds from the auction of the property are sufficient, you can get back all the loan plus interest. "

"If the house is sold, isn't it enough to pay off the debt?" The middle-aged man asked anxiously.

"That's not easy to handle. The court will count the claims that have been declared, and then distribute them in proportion. Of course, if there are mortgage claims, the mortgage claims will be distributed first, and you can distribute the remaining money.

How much you can get at that time depends on your luck. "Wang Chuan said.

"Oh! So I don't need to sue, just wait for the auction to declare the debt. Anyway, there is no mortgage." The middle-aged man realized.

"That's not the case. You have to sue first to determine the amount of the creditor's rights before declaring the creditor's rights. Otherwise, the court will deny it, and you won't have any part in the distribution." Wang Chuan hastily corrected.

"I still have to sue! Look at my case is so simple, if I entrust you to sue, how much do you usually charge?" the middle-aged man asked.

"Well... five thousand starts. The defendant in your case is in Shijingshan, so you can sue in Shijingshan court." Wang Chuan said.

The middle-aged man thought for a while and said, "Can you let me get the money?"

"Ah!! I can't guarantee this." Wang Chuan shook his head hastily.If the other party has no money or assets, there is nothing a god can do, let alone a lawyer.

"Then you charged the lawyer's fee, will you keep controlling me until I get back the money I owe?" the middle-aged man continued to ask.

What's the situation! The lawyer's fee of 5000 yuan is only the cost of the first trial, and there may be a second trial and enforcement later.

If you let the lawyer cover the end, it will take a long time until the execution of the payment. It may take one year or two years, or you will not get the money at all. The lawyer keeps going to and from the court, and 5000 yuan is not even enough for the cost.

Wang Chuan shook his head like a rattle.If he agreed to the request of the middle-aged man in front of him, he was sure that Comrade Lao Niu would definitely "take care" of him. The possibility of the top ten tortures in the Qing Dynasty is unlikely, but it is very possible to be thrown out of the law firm.

"Then what can you do?" The middle-aged man asked disappointedly.

"We can represent your case in the first instance until the end of the first instance." Wang Chuan said.

After listening to Wang Chuan, the middle-aged man felt that the price-performance ratio was a bit low, and asked, "How much do you charge for writing a complaint?"

"One piece is two hundred yuan." Wang Chuan said lightly.

"Okay, you can help me draft a complaint, and I will go to the court to sue myself." The middle-aged man said.

Half an hour later, the middle-aged man paid the money and left the legal service office with the complaint.At this time, Zhang Dahuyou won an order, and was happily making friends with the customer.

"Eldest brother, it's time. Let's go eat!" Pan + Jinlian glanced at his watch and said.

Wang Chuan agreed, hurriedly saved the files on the computer, got up and followed her out.

The two didn't take a few steps, but they were stopped by Zhang Dahuyou: "Yuanyuan, Wang Chuan, I took the client to the office to sign the entrustment formalities after lunch, and I probably won't be back in the afternoon. Lock the door when you get off work! "

"Okay, Sister Zhang, don't worry!" Pan + Jinlian agreed and went out.

"Boss, here's a serving of Kung Pao Chicken, a serving of fried lotus root, another serving of sauced beef and shredded cold tofu, plus a serving of egg soup. Two bowls of rice." Pan + Jinlian yelled as soon as they entered the restaurant.

(End of this chapter)