Grassroots lawyers also have spring

Chapter 146 Enough Buddha!
After a moment of hesitation, Wang Chuan made a decision to deposit 8000 yuan in the bank for a fixed period, and pay the rest for daily food and drink for rent.Chinese New Year is approaching, and I just go home to buy some New Year's goods for my parents.

The next day, Wang Chuan and Pan Jiajinlian went to the legal service office to be on duty.Comrade Lao Niu believes that colleagues are on vacation when they are preparing for the New Year, and this time is just his opportunity, so the legal service office will remain open until the 28th of the twelfth lunar month.

There is no unopened oil and salt shop in the world. When Wang Chuan and Pan + Jinlian were discussing about going to Li's house in the evening, a man in his fifties walked in outside the door. Underneath is a black handbag.

At this time, Zhang Dahuyou was not in the house, and he didn't know where to go for a stroll. There were only Wang Chuan and Pan Er senior brother in the house.

"Hello, what can you do?" Wang Chuan asked.

The chunky man sat down in front of him: "Hello, I want to consult a legal question."

"Say it!" Wang Chuan said.

"I lent someone a sum of money the year before last, but the other party's business was down and they couldn't pay it back. I want to sue." The short and fat man said.

"Have you brought the materials?" Wang Chuan asked.

At this time, Pan + Jinlian were typing on the keyboard with both hands, probably chatting with someone.

"Bring it." The short and fat man took out a few A4 papers from his handbag and handed them to Wang Chuan.

"Is this Gao Dali you?" Wang Chuan asked after reading the loan contract.

"Yes, it's me." The short and fat man said.

Wang Chuan glanced at him, hey!The name is not worthy of the name!
"There is nothing wrong with this loan contract. You can sue. If the other party has the ability to perform, you can get the money back." Wang Chuan said.

"The problem now is that the other party has no ability to perform. I heard that he lost money in business, and many people are chasing him for debts. I still have a notarial certificate here. Can you apply for execution of the guarantor's property?" The short and fat man road.

"It's easy if there is a guarantee. What is the guarantee?" Wang Chuan asked while receiving the notarial certificate.

"A friend of his is surnamed Li, and he used the real estate as a guarantee for him." The short and fat man said.

"There is nothing wrong with the notarized documents. The notary office has issued a notarial certificate with enforcement effect. You can go to the notary office and ask them to issue an enforcement letter, and then go to the court to directly apply for enforcement." Wang Chuan said.

"I went, but the Shijingshan court ruled that it will not be enforced!" The short and fat man said, and took out another court ruling.

Wang Chuan looked at the other party and said helplessly, "How many documents do you have left, can you take them out together?"

"No, that's all!" the short and fat man said awkwardly.

"Do you have any documents for the mortgage guarantee?" Wang Chuan asked after looking at the materials.

"We didn't go to the housing management bureau to go through the mortgage procedures." The short and fat man said.

"No mortgage?! Then there's nothing you can do. The court will definitely not enforce it for you!" Wang Chuan spread his hands.

"That's what the judge said, if you haven't gone through the mortgage procedures, it won't be enforced! But I just don't understand, why? Hasn't the notary office already notarized it?" The short and fat man asked with a puzzled expression.

"That's right. Your loan case is a third party using your own real estate as a mortgage guarantee for you. According to the guarantee law, real estate mortgages must be registered with the Housing Management Bureau, otherwise the mortgage will be invalid. That is to say, although you have signed Mortgage contract, but without the formalities, the mortgage will not take effect.

The mortgage has not been established, only the documents of the notary office, the court will definitely not recognize it.This belongs to the forced execution of the property of the third party, and it cannot be executed without a legal relationship, otherwise the rights of the third party will be violated.You get it! " Wang Chuan explained.

"But, the notary office has already issued the documents?" the short and fat man pestered.

"The notary office is not a judiciary, and they have no right to arbitrarily set obligations on the property of a third party. The notary office can only issue documents when there is a legal basis." Wang Chuan said.

"The property has not been registered as a mortgage, so the guarantor has no responsibility? Do you have any good suggestions?" The short and fat man said helplessly.

"Although the mortgaged property agreed in the contract has not been mortgaged and the mortgage guarantee has not been established, the guarantee contract you signed is still valid.

Therefore, I suggest that you try to sue in court with a mortgage guarantee contract, requiring the guarantor to assume the responsibility for repaying the debt within the value of the collateral, but you cannot claim priority for repayment of the mortgage agreed in the contract. "Wang Chuan said.

"You mean, I can use the guarantee contract to sue the guarantor and ask him for money, right?" the short and fat man said.

"Yes, that's what it means." Wang Chuan smiled.

The short and fat man rolled his eyes: "If you do this case here, how will you charge the lawyer's fee?"

"Your case involves a total of 20 yuan. The minimum fee for the first trial is 1 yuan. If there is a second trial, the fee will be halved. If the fee is [-] yuan in other places. Do you want to entrust it?" Wang Chuan said.

"Okay, I entrust. It's almost the Chinese New Year, I don't want to toss with them anymore, and I don't have the time. I'll leave it all to you." The short and fat man said.

"Okay, how about it, it's twelve o'clock soon, you come to the law firm with me in the afternoon, we'll sign the contract and go through the formalities. The law firm will arrange a connection with you." Wang Chuan said.

"It's not you who handle my case?" the short and fat man asked in surprise.

"I am a trainee lawyer and cannot handle cases alone.

After you and I come to the office, the office will still review your materials. If you can do it, you will be able to accept the case. Our case control is relatively strict, and not all cases are accepted.I will work with the lawyer on your case. " Wang Chuan explained.

"Oh, yes. What time will we go there in the afternoon." The doubts of the short and fat man were dispelled a lot.

"Two o'clock, see if it's convenient for you." Wang Chuan said.

"Okay, then two o'clock. I live in Shijingshan, not far from you." The short and fat man got up and left the law firm.

"Brother, are you not afraid that the other party won't come this afternoon, and the order will be lost?" When the short and fat man disappeared at the door, Pan + Jinlian looked sideways at Wang Chuan and said in a low voice.

"What are you afraid of? It's yours that can't run away, and what's not yours can't get it. Why bother with it!" Wang Chuan said with a slight smile.

"Okay. It's Buddhist enough, it depends on your luck!" Pan + Jinlian said speechlessly, "If you go to the institute in the afternoon, don't forget our agreement."

"Don't worry! I will be on time for the appointment." Wang Chuan said with a smile.

"Do you have a suit? Senior brother." Pan + Jinlian looked at his clothes and asked suddenly.

"Suit? Can't I wear this?" Wang Chuan asked.

"You are called work clothes. People who go to see the Li family can't be too shabby. How about this, I will make you a suit for you, which is considered as a reward for helping this time." Pan + Jinlian looked at the elder brother's figure up and down.

"It's not suitable! Should I buy it myself?" Wang Chuan said in embarrassment.

"You buy it yourself? Do you know where to buy a suit? Don't tell me to go to the zoo or the Dahongmen Wholesale Market!" Pan + Jinlian looked disdainful.

(End of this chapter)