Chapter 543
Huo Pengfei felt that today was his lucky day, and he had to make this case a classic case, and let everyone know that if someone saved you, he must pay the money that should be paid!
Don't say whether you agree or not, as long as the objective fact of "saving you" occurs, then you, as the beneficiary, cannot be a white-eyed wolf.
Problems that cannot be solved by morality can only be regulated by law, which is actually something that cannot be solved...
Because you can't expect everyone to do everything.
So, Wu Qiuling, who was next to her, just looked at her with a dazed expression. She felt... Lawyer Huo was still the same. People like them sometimes really don't know what they are thinking.
Of course Huo Pengfei didn't think about anything else at the moment, even if Wu Qiuling was his ex-girlfriend, but the difference was that Wu Qiuling provided him with such a good case, so he needed to thank him.
"Xiao Wu, if it can be done this time, then I will thank you when I'm done. Now let's go back to the company and prepare to file a complaint. They are actually divorced. That's great hahaha..."
Anyway, after returning to the company, Wu Qiuling didn't even think about it, what a good way for those two to get divorced...
Huo Pengfei walked all the way to the legal department, and then met Zhou Yi in the elevator.
"What's the matter, what makes you so happy?" Zhou Yi smiled when he saw Huo Pengfei.
The main reason is that this Huo Dazhuang really looks like he has won a lottery now, and the smile on his face is almost overflowing.
Zhou Yi subconsciously wondered if this guy got back together with Miss Xiao Wu.
That girl is really nice, good-looking and good-natured, gentle and gentle, but unfortunately, I don't know what's going on, Zhou Yi doesn't like gentle...
Imagine that Zhou Cainiao actually discussed there after investigating the depth yesterday, talking about the several ways of identifying the crime of rape, what is the theory of penetration and contact, etc... This makes other people know it and think it is outrageous.
But the key point is that someone Zhou and the other party were having an extremely lively discussion. It was really an academic discussion, and it had nothing to do with other aspects at all!
Shaking his head and not thinking about those things, Zhou Yi just looked at Huo Pengfei in front of him.
However, Huo Pengfei said excitedly: "Mr. Zhou, I went to the police station today and found out that those two people divorced. Haha, they actually divorced. Do you know what this means?"
what?
Zhou Yi looked dull: "Yi, what does it mean?"
"It means that I can claim to ask for money from both of them at the same time, and I will let them know what it means to lose your wife and lose your army, hahaha..."
Well, this person is hopeless, as expected, he has studied law deeply, this person will not only lose his humanity, but also become perverted, at least now I feel that all the lawyers around him are perverted.
However, after listening to Huo Pengfei's detailed account, Zhou Yi also became interested. This case is very simple, but it is indeed very representative!
Because nowadays many young couples get married with a banquet, and in some places, it is not considered a marriage without a banquet.
What?Get a certificate?
No, no, in the traditional concept of some places, getting a certificate is not considered a marriage at all, it can only be counted as a banquet, otherwise, all kinds of strange things will come.
It might sound weird, but it's true!
The old Marriage Law once recognized the de facto marriage relationship, which is a special regulation in a special period.
Now, unless your things happened before 1994, they will all be managed as cohabitation.
So it happens to teach some people, and if you get divorced, you are divorced.
"Mr. Zhou, I'm starting to prepare the evidence now. The personal information of the two people has been obtained from the police station. I will sue when my evidence is ready. This lawsuit is so comfortable!"
Zhou Yi nodded. He is also looking forward to the outcome of this case. When the time comes to send out the video, it will definitely attract a lot of attention.
After talking to Zhou Yi, Huo Pengfei went back to the office of the legal department and began to write the indictment, which had already sorted out and fixed the evidence.
Some of the evidence here is ready-made, such as the video Wu Qiuling took at that time, if you want to improve the proof, you can actually do a notarization.
The purpose of notarization is to make the other party have no excuses to refute.
Anyway, the notarization fee can be borne by the losing party.
Here I want to explain that many people are quite confused. Lawyer fees, yes, lawyer fees. According to a series of regulations such as the Lawyer Fee Service Management Measures, in practice, we generally "whoever hires a lawyer pays for it".
Some people are puzzled because the relevant laws stipulate that the losing party needs to bear the reasonable expenses of the winning party in the case, so they feel that the lawyer's fees have to be paid by others.
But this is wrong. In civil cases, there is no rule that you must hire a lawyer. Let’s make it clear. If you understand a little bit, you can sue and file a lawsuit by yourself.
But things like notarization fees are different. This is a necessary expense. Regardless of whether there is a lawyer or not, this must be done if you want to win the case. Therefore, like litigation costs and other expenses, it is borne by the losing party.
As for the exceptions, there are several types that can be borne by the losing party. For example, the exercise of the right to rescind the contract, according to the judicial interpretation of the Supreme Law, can be borne by the losing party...
Huo Pengfei started the operation intensively. Now the legal department has a lot of people, and there are many legal lawyers who can go out to litigate, not to mention that every legal lawyer has an assistant.
Such tasks as going out for notarization are all done by assistants.
This busy work lasted until the evening. Huo Pengfei looked at the prepared evidence with a satisfied smile on his face.
Tomorrow, I can find a way to do a good job!
-
On the other hand, Niu Xiufei returned home, and her mobile phone has not stopped since she left the police station.
"Hey, why are you calling me? I told you that we are already divorced, and you are going to find him. Then I don't know where he is. I will warn you. If you dare to come again, I will call the police! "
"Why did he give me all the money? He beats me every day, so why would he give me the money? Do you understand that is called domestic violence? The money is awarded by the court. Go to the court!"
"Are you old or young? I don't care about you. It's not mine. Hang up!"
Putting down the phone, Niu Xiufei heaved a sigh of relief, at least judging from the current situation, there is no problem.
Anyway, all procedures are formal, and the two of them divorced and went to court.
As for that girl, to be honest, Niu Xiufei thinks she should sue, but it doesn't matter, now her ex-husband Lu Yunling doesn't have half a penny in her name, and she still has a whole lot of debt.
Sue casually, so what if you win.
Anyone who has fought a lawsuit knows that if the lawsuit is won, it just means the beginning.
Whether it can be implemented successfully is another matter.
There is no money, can the court give her money?
It means that the husband is going to suffer, but there is no way, the money is really not going to be paid back.
Why do you have to pay back what you borrowed based on your ability? If you don’t pay back the money, you can live a good life, but if you pay back the money, you have to live a poor life.
On the other end of the phone, Yu Jianneng put down the phone helplessly, and his wife next to him came up and asked, "What's wrong, isn't that family still paying?"
Yu Jianneng nodded, his face full of distress and irritability.
"No, why are you so useless? His family won't give it if they don't give it? I've said it before, don't borrow money, don't borrow money, you're better off, say that it's your buddy, it's impossible to lie to you, now Woolen cloth?"
"If you borrow so much money, why don't you come back, ah, why don't you die?"
It wasn't once or twice that my wife said this. Ever since I asked Lu Yunling for money but didn't accept it, and the other party blocked him, life has become like this.
How many times he wanted to refute, and he also wanted to get the money back, but he didn't have the face to quarrel with his wife, because it was true that he believed in the other party and lent the money.
When I borrowed money, I said it very sweetly, I will pay back everything immediately, and I will never refuse to give it back, and it is such a good relationship, I said to write an IOU, and I will send the money first when I am done, and then I started fooling around.
I can only blame him for not thinking clearly at the time.
When it's over, he becomes a grandson when he asks for money. If he doesn't ask for money after chasing after him, he will put on a look: you still open your mouth and talk to me for this little money?
No matter how I thought about it, I felt aggrieved, and Yu Jianneng immediately went into the kitchen to get a kitchen knife.
The wife hurriedly stopped her and said, "Why are you going? What are you doing with the knife?"
"I'm going to kill that family, and then commit suicide, okay? I'm already in this state because of the money, what else can I do!"
Yu Jianneng cried there.
The wife stopped talking, and the two just stared at each other. Finally, the wife went up and took the knife away, and Yu Jianneng squatted on the ground and cried bitterly.
It can really be said that because of such an incident, the whole life was directly destroyed.
For Wang, whose per capita annual salary is one million yuan, 10 yuan is nothing, but for their family, 10 yuan means that the couple needs to work hard for a long time.
Finally, Yu Jianneng's mood eased a little, and his wife said: "This is not the way, their family made it clear that they don't plan to pay back the money, we have to think about what to do."
"How about going to sue them?"
Yu Jianneng thought for a while and said, "Then sue, I... I'll go to a lawyer, this matter will never end with their family!"
Naturally, Niu Xiufei didn't know that the person on the other side of the call just wanted to come and work hard. She was busy at home right now, and her son was coming back on the weekend, so she had to make preparations in advance.
The time came to the next day amidst the swaying of Zhou Yi's big bed.
It was another beautiful night. Zhou Yi got up from the bed and looked at the calendar. It was a good day and he should consult. I don't know if Zhou Cainiao will encounter a case he likes today.
But it was late after the two of them had an in-depth exchange last night, and it was not too early to send them back.
Don't ask why you have to send it back, because these two people are so strange...
Huo Pengfei also got up very early and drove to the Guangming District Court early.
I don't know if it's a psychological factor, anyway, looking at the other lawyers in the case filing hall at the moment is like looking at turkeys.
What we are doing this time is a classic case of explaining the law with the case. What is the card face, this is called the card face!
Teacher Fang can do it, so can Huo Pengfei!
So we waited in line for half an hour before it was finally our turn.
Sitting at the filing window, Huo Pengfei started to take materials, and said while taking the materials: "This is the first case, and the name is Lu Yunling."
The staff inside took the materials and looked at them: "Slightly injured, right? Do you want a criminal prosecution?"
Huo Pengfei nodded and said, "Yes, private criminal prosecution and civil compensation."
Anyway, one sheep is also herding, and two sheep are also being chased, so let's do it.
Criminal private prosecution is allowed for minor injuries, regardless of whether it can be successful or not, the prosecution will be done first.
After the staff packed up all the materials, Huo Pengfei took out a second set of materials.
"This is for the beneficiary of the previous case."
Huo Pengfei didn't write much about the compensation in this complaint, because if you write too much, you won't be able to support it. It can be seen from the word compensation that the main compensator is still the person responsible for the infringement.
If the infringer has no way to compensate, or if there is no infringer, then the beneficiary will bear all the compensation.
The staff looked a little surprised and said, "These two cases are the same incident? What's going on? I think the evidence says that the woman called the man her husband? Are they husband and wife?"
Huo Pengfei said with a smile: "It was before, and then I found out that they divorced last month, so they are no longer legal couples."
As for other things, I don't know, anyway, only marriage certificates are legally recognized.
The staff took out the first statement of self-indictment again, and said even more strangely: "Then why are you suing this woman? Didn't she get beaten by the other party? She was beaten on the street."
Huo Pengfei said helplessly: "Yes, she was beaten, but she didn't give any thanks at all. On the contrary, she felt that my client deserved the beating. There is nothing I can do about it. I feel uncomfortable if I don't sue."
"Is there such a thing? Are you crazy?"
Even the staff were dumbfounded when they heard this.
"That's it. I'm also curious about what happened to them. They were not beaten lightly at all."
The staff just asked a few more questions, mainly the former, the criminal case is very strict, but the civil case filing review only examines the formal requirements.
After waiting for a long time, the results finally came, and both cases were filed!
The main reason is that the collection of evidence is too sufficient. It is not an exaggeration to say that the evidence is as solid as a mountain.
If it doesn't work, you can also apply for the video of the law enforcement recorder at the police station when the police were dispatched. There are too many evidences.
Walking out of the gate of the court, Huo Pengfei felt light all over. Teacher Fang is also human, and he can always surpass him!
At this time, Zhou Xinran was receiving a customer in Fang Dazhuang Law Firm. Generally, such customers who came to the store were high-quality customers and needed to be treated well.
"Mr. Yu, please speak slowly, don't get excited, when did you give the other party the 10 yuan, do you have the transfer records, what about the others, if there is no IOU, do you have chat records or something?"
"Do you know the other party's personal information, what is his name, and what is his contact information..."
"Lu Yunling? My wife's name is Niu Xiufei?"
Zhou Xinran blinked her eyes for a long time. These two names sound familiar, as if they were the same names that a handsome guy said to her when chatting with her last night.
Today's first update, thanks to Brother Idiot, Brother Fat Cat Story, and another novice brother, thank you brothers for your rewards, thank you.
In addition, all book friends are gods, right?Crowdfunding and writing a book like this!
(End of this chapter)
Huo Pengfei felt that today was his lucky day, and he had to make this case a classic case, and let everyone know that if someone saved you, he must pay the money that should be paid!
Don't say whether you agree or not, as long as the objective fact of "saving you" occurs, then you, as the beneficiary, cannot be a white-eyed wolf.
Problems that cannot be solved by morality can only be regulated by law, which is actually something that cannot be solved...
Because you can't expect everyone to do everything.
So, Wu Qiuling, who was next to her, just looked at her with a dazed expression. She felt... Lawyer Huo was still the same. People like them sometimes really don't know what they are thinking.
Of course Huo Pengfei didn't think about anything else at the moment, even if Wu Qiuling was his ex-girlfriend, but the difference was that Wu Qiuling provided him with such a good case, so he needed to thank him.
"Xiao Wu, if it can be done this time, then I will thank you when I'm done. Now let's go back to the company and prepare to file a complaint. They are actually divorced. That's great hahaha..."
Anyway, after returning to the company, Wu Qiuling didn't even think about it, what a good way for those two to get divorced...
Huo Pengfei walked all the way to the legal department, and then met Zhou Yi in the elevator.
"What's the matter, what makes you so happy?" Zhou Yi smiled when he saw Huo Pengfei.
The main reason is that this Huo Dazhuang really looks like he has won a lottery now, and the smile on his face is almost overflowing.
Zhou Yi subconsciously wondered if this guy got back together with Miss Xiao Wu.
That girl is really nice, good-looking and good-natured, gentle and gentle, but unfortunately, I don't know what's going on, Zhou Yi doesn't like gentle...
Imagine that Zhou Cainiao actually discussed there after investigating the depth yesterday, talking about the several ways of identifying the crime of rape, what is the theory of penetration and contact, etc... This makes other people know it and think it is outrageous.
But the key point is that someone Zhou and the other party were having an extremely lively discussion. It was really an academic discussion, and it had nothing to do with other aspects at all!
Shaking his head and not thinking about those things, Zhou Yi just looked at Huo Pengfei in front of him.
However, Huo Pengfei said excitedly: "Mr. Zhou, I went to the police station today and found out that those two people divorced. Haha, they actually divorced. Do you know what this means?"
what?
Zhou Yi looked dull: "Yi, what does it mean?"
"It means that I can claim to ask for money from both of them at the same time, and I will let them know what it means to lose your wife and lose your army, hahaha..."
Well, this person is hopeless, as expected, he has studied law deeply, this person will not only lose his humanity, but also become perverted, at least now I feel that all the lawyers around him are perverted.
However, after listening to Huo Pengfei's detailed account, Zhou Yi also became interested. This case is very simple, but it is indeed very representative!
Because nowadays many young couples get married with a banquet, and in some places, it is not considered a marriage without a banquet.
What?Get a certificate?
No, no, in the traditional concept of some places, getting a certificate is not considered a marriage at all, it can only be counted as a banquet, otherwise, all kinds of strange things will come.
It might sound weird, but it's true!
The old Marriage Law once recognized the de facto marriage relationship, which is a special regulation in a special period.
Now, unless your things happened before 1994, they will all be managed as cohabitation.
So it happens to teach some people, and if you get divorced, you are divorced.
"Mr. Zhou, I'm starting to prepare the evidence now. The personal information of the two people has been obtained from the police station. I will sue when my evidence is ready. This lawsuit is so comfortable!"
Zhou Yi nodded. He is also looking forward to the outcome of this case. When the time comes to send out the video, it will definitely attract a lot of attention.
After talking to Zhou Yi, Huo Pengfei went back to the office of the legal department and began to write the indictment, which had already sorted out and fixed the evidence.
Some of the evidence here is ready-made, such as the video Wu Qiuling took at that time, if you want to improve the proof, you can actually do a notarization.
The purpose of notarization is to make the other party have no excuses to refute.
Anyway, the notarization fee can be borne by the losing party.
Here I want to explain that many people are quite confused. Lawyer fees, yes, lawyer fees. According to a series of regulations such as the Lawyer Fee Service Management Measures, in practice, we generally "whoever hires a lawyer pays for it".
Some people are puzzled because the relevant laws stipulate that the losing party needs to bear the reasonable expenses of the winning party in the case, so they feel that the lawyer's fees have to be paid by others.
But this is wrong. In civil cases, there is no rule that you must hire a lawyer. Let’s make it clear. If you understand a little bit, you can sue and file a lawsuit by yourself.
But things like notarization fees are different. This is a necessary expense. Regardless of whether there is a lawyer or not, this must be done if you want to win the case. Therefore, like litigation costs and other expenses, it is borne by the losing party.
As for the exceptions, there are several types that can be borne by the losing party. For example, the exercise of the right to rescind the contract, according to the judicial interpretation of the Supreme Law, can be borne by the losing party...
Huo Pengfei started the operation intensively. Now the legal department has a lot of people, and there are many legal lawyers who can go out to litigate, not to mention that every legal lawyer has an assistant.
Such tasks as going out for notarization are all done by assistants.
This busy work lasted until the evening. Huo Pengfei looked at the prepared evidence with a satisfied smile on his face.
Tomorrow, I can find a way to do a good job!
-
On the other hand, Niu Xiufei returned home, and her mobile phone has not stopped since she left the police station.
"Hey, why are you calling me? I told you that we are already divorced, and you are going to find him. Then I don't know where he is. I will warn you. If you dare to come again, I will call the police! "
"Why did he give me all the money? He beats me every day, so why would he give me the money? Do you understand that is called domestic violence? The money is awarded by the court. Go to the court!"
"Are you old or young? I don't care about you. It's not mine. Hang up!"
Putting down the phone, Niu Xiufei heaved a sigh of relief, at least judging from the current situation, there is no problem.
Anyway, all procedures are formal, and the two of them divorced and went to court.
As for that girl, to be honest, Niu Xiufei thinks she should sue, but it doesn't matter, now her ex-husband Lu Yunling doesn't have half a penny in her name, and she still has a whole lot of debt.
Sue casually, so what if you win.
Anyone who has fought a lawsuit knows that if the lawsuit is won, it just means the beginning.
Whether it can be implemented successfully is another matter.
There is no money, can the court give her money?
It means that the husband is going to suffer, but there is no way, the money is really not going to be paid back.
Why do you have to pay back what you borrowed based on your ability? If you don’t pay back the money, you can live a good life, but if you pay back the money, you have to live a poor life.
On the other end of the phone, Yu Jianneng put down the phone helplessly, and his wife next to him came up and asked, "What's wrong, isn't that family still paying?"
Yu Jianneng nodded, his face full of distress and irritability.
"No, why are you so useless? His family won't give it if they don't give it? I've said it before, don't borrow money, don't borrow money, you're better off, say that it's your buddy, it's impossible to lie to you, now Woolen cloth?"
"If you borrow so much money, why don't you come back, ah, why don't you die?"
It wasn't once or twice that my wife said this. Ever since I asked Lu Yunling for money but didn't accept it, and the other party blocked him, life has become like this.
How many times he wanted to refute, and he also wanted to get the money back, but he didn't have the face to quarrel with his wife, because it was true that he believed in the other party and lent the money.
When I borrowed money, I said it very sweetly, I will pay back everything immediately, and I will never refuse to give it back, and it is such a good relationship, I said to write an IOU, and I will send the money first when I am done, and then I started fooling around.
I can only blame him for not thinking clearly at the time.
When it's over, he becomes a grandson when he asks for money. If he doesn't ask for money after chasing after him, he will put on a look: you still open your mouth and talk to me for this little money?
No matter how I thought about it, I felt aggrieved, and Yu Jianneng immediately went into the kitchen to get a kitchen knife.
The wife hurriedly stopped her and said, "Why are you going? What are you doing with the knife?"
"I'm going to kill that family, and then commit suicide, okay? I'm already in this state because of the money, what else can I do!"
Yu Jianneng cried there.
The wife stopped talking, and the two just stared at each other. Finally, the wife went up and took the knife away, and Yu Jianneng squatted on the ground and cried bitterly.
It can really be said that because of such an incident, the whole life was directly destroyed.
For Wang, whose per capita annual salary is one million yuan, 10 yuan is nothing, but for their family, 10 yuan means that the couple needs to work hard for a long time.
Finally, Yu Jianneng's mood eased a little, and his wife said: "This is not the way, their family made it clear that they don't plan to pay back the money, we have to think about what to do."
"How about going to sue them?"
Yu Jianneng thought for a while and said, "Then sue, I... I'll go to a lawyer, this matter will never end with their family!"
Naturally, Niu Xiufei didn't know that the person on the other side of the call just wanted to come and work hard. She was busy at home right now, and her son was coming back on the weekend, so she had to make preparations in advance.
The time came to the next day amidst the swaying of Zhou Yi's big bed.
It was another beautiful night. Zhou Yi got up from the bed and looked at the calendar. It was a good day and he should consult. I don't know if Zhou Cainiao will encounter a case he likes today.
But it was late after the two of them had an in-depth exchange last night, and it was not too early to send them back.
Don't ask why you have to send it back, because these two people are so strange...
Huo Pengfei also got up very early and drove to the Guangming District Court early.
I don't know if it's a psychological factor, anyway, looking at the other lawyers in the case filing hall at the moment is like looking at turkeys.
What we are doing this time is a classic case of explaining the law with the case. What is the card face, this is called the card face!
Teacher Fang can do it, so can Huo Pengfei!
So we waited in line for half an hour before it was finally our turn.
Sitting at the filing window, Huo Pengfei started to take materials, and said while taking the materials: "This is the first case, and the name is Lu Yunling."
The staff inside took the materials and looked at them: "Slightly injured, right? Do you want a criminal prosecution?"
Huo Pengfei nodded and said, "Yes, private criminal prosecution and civil compensation."
Anyway, one sheep is also herding, and two sheep are also being chased, so let's do it.
Criminal private prosecution is allowed for minor injuries, regardless of whether it can be successful or not, the prosecution will be done first.
After the staff packed up all the materials, Huo Pengfei took out a second set of materials.
"This is for the beneficiary of the previous case."
Huo Pengfei didn't write much about the compensation in this complaint, because if you write too much, you won't be able to support it. It can be seen from the word compensation that the main compensator is still the person responsible for the infringement.
If the infringer has no way to compensate, or if there is no infringer, then the beneficiary will bear all the compensation.
The staff looked a little surprised and said, "These two cases are the same incident? What's going on? I think the evidence says that the woman called the man her husband? Are they husband and wife?"
Huo Pengfei said with a smile: "It was before, and then I found out that they divorced last month, so they are no longer legal couples."
As for other things, I don't know, anyway, only marriage certificates are legally recognized.
The staff took out the first statement of self-indictment again, and said even more strangely: "Then why are you suing this woman? Didn't she get beaten by the other party? She was beaten on the street."
Huo Pengfei said helplessly: "Yes, she was beaten, but she didn't give any thanks at all. On the contrary, she felt that my client deserved the beating. There is nothing I can do about it. I feel uncomfortable if I don't sue."
"Is there such a thing? Are you crazy?"
Even the staff were dumbfounded when they heard this.
"That's it. I'm also curious about what happened to them. They were not beaten lightly at all."
The staff just asked a few more questions, mainly the former, the criminal case is very strict, but the civil case filing review only examines the formal requirements.
After waiting for a long time, the results finally came, and both cases were filed!
The main reason is that the collection of evidence is too sufficient. It is not an exaggeration to say that the evidence is as solid as a mountain.
If it doesn't work, you can also apply for the video of the law enforcement recorder at the police station when the police were dispatched. There are too many evidences.
Walking out of the gate of the court, Huo Pengfei felt light all over. Teacher Fang is also human, and he can always surpass him!
At this time, Zhou Xinran was receiving a customer in Fang Dazhuang Law Firm. Generally, such customers who came to the store were high-quality customers and needed to be treated well.
"Mr. Yu, please speak slowly, don't get excited, when did you give the other party the 10 yuan, do you have the transfer records, what about the others, if there is no IOU, do you have chat records or something?"
"Do you know the other party's personal information, what is his name, and what is his contact information..."
"Lu Yunling? My wife's name is Niu Xiufei?"
Zhou Xinran blinked her eyes for a long time. These two names sound familiar, as if they were the same names that a handsome guy said to her when chatting with her last night.
Today's first update, thanks to Brother Idiot, Brother Fat Cat Story, and another novice brother, thank you brothers for your rewards, thank you.
In addition, all book friends are gods, right?Crowdfunding and writing a book like this!
(End of this chapter)
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