Grassroots lawyers also have spring

Chapter 594 As a lawyer, you say you can squirt!
"Lawyer Wang, do you think there is any hope of getting rid of the judgment in the opponent's hand in this case?" Mr. Peng asked with concern.

To be honest, just now Wang Chuan talked so much, he was confused, he seemed to understand but he didn't understand anything, but it doesn't matter, as long as he can get the money back for himself!

"Your case is quite difficult. We encountered a similar case in Suzhou Province before, and it took a long time to cancel the previous judgment.

That case was a third-party revocation lawsuit filed by us on behalf of the creditor, claiming that the debtor and a party outside the case obtained a mediation document through a separate false lawsuit, and took preservation measures for the debtor’s property without actual implementation, which damaged the legal interests of the creditor.

Later, the people's court found that the civil lawsuit brought by the debtor and the party outside the case was a false lawsuit, and the creditor's claim was supported. "

The case Wang Chuan mentioned was a case that Fatty Wan handled in other provinces last year, and it was shared with him by Fatty Wan when the law firm held a case sharing meeting before.

After finishing speaking, Wang Chuan paused and continued: "Your case is almost the same as that case, but the province is different. The difficulty of this type of case lies in whether the previous judgment can be recognized as a false lawsuit. If it is recognized, the following is If a smooth road cannot be determined, basically there will be no chance later.

That case was later determined by the court to be a false lawsuit, according to Article 12 of the "Provisions of the Supreme People's Court Concerning Several Issues Concerning Suspects of Economic Crimes in the Trial of Economic Dispute Cases" and "Guiding Opinions of the Supreme People's Court on Preventing and Sanctioning False Litigation" ( The opinion was issued in June [-], and the provisions of Article No.[-] are borrowed here. In the end, clues and materials related to criminal suspicions in this case were transferred to the relevant public security organs and procuratorial organs. "

[债权人提起第三人撤销之诉的案例载于《最高人民法院公报》2018年第6期（总第260期），案号：（2016）苏03民终4817号，有兴趣的书友可以查看下]
Shen Datou sat on the side and looked at the two in front of him without saying a word, and thought to himself: As a lawyer, he can say that he can spout. It's been a long time, and I can't get in a word.

Mr. Peng was moved by the words: "Lawyer Wang, if I entrust you with this case, how will I charge the lawyer's fee?"

"If you entrust, our team will handle your case together, not me alone to provide services for you and your company.

If this kind of case is not a bloody feud, we generally don't recommend killing the other party to death, then the efficiency is too low.We generally adopt a combination of litigation and negotiation to try to get the money back as soon as possible.

If the opponent goes all the way to the dark and refuses to repent, we will fight to the end and rely on criminal justice.

We have two ways to charge attorney fees, one is fixed fee, let’s talk about a fixed amount, one-time fee, but this method is suitable for cases with relatively small disputes, and this kind of fee is not linked to the result.

The other way is risky proxies, which you may have come across before.We first charge 20.00 case initiation fee, and then charge [-]% of your company's repayment amount.

I don't know which charging method you prefer? "Wang Chuan finished speaking and looked at Mr. Peng.

Mr. Peng's Huatian Financial Holdings has actually used both of the two charging methods he mentioned, but for this case, Mr. Peng is more inclined to use the latter method - risk agency.Paying the lawyer's fee before getting the money back is always unacceptable to Peng.

"Lawyer Wang, can we lower the percentage of fees for the latter method? 20.00% is a bit too high." Mr. Peng thought for a moment.

"Well, you and Shen are always friends. I'll give you an internal price, how about 15.00%. We'll follow up on this case until we get the money back." Wang Chuan glanced at Mr. Shen and said.

15.00% sounds like a lot, but Mr. Peng has no solution to this case. The mortgaged real estate land has been seized by a third-party creditor, and it is the first seal, and his company is just waiting to be seized.The first seal cannot be moved unless it is waiting to be seized, but now the third-party creditors are not in a hurry to auction the real estate and land at all, and it is Mr. Peng who is in a hurry to get the money back.

According to the first paragraph of Article 20 of No. [-] of the "Regulations on Seizing, Seizing, and Freezing Property in the Civil Execution of the People's Court": "For the property that has been sealed up, seized, or frozen by the people's court, other people's courts may wait for the seizure, Seizure and freeze. When the seal-up and seizure freeze are lifted, the previously registered waiting list for seizure, seizure and freeze will automatically take effect.”

In other words, if the first seal is not eliminated, the waiting for seizure will not take effect temporarily.Only after the previous seal is lifted or eliminated, the waiting seal can take effect. If the first seal is not lifted or automatically eliminated according to law, the waiting seal can only wait.It's a bit like queuing up to buy movie tickets. If the ones in front don't get them, the ones behind can only wait in line. If you don't get the tickets, you won't be able to enter the movie theater.

Mr. Peng thought for a while, and found that such a large entrusted loan cannot be recovered. Although the lawyers we talked about did not charge a penny in the early stage, they charged 30.00% in the later stage, and one law firm even charged 50.00%.

The lawyer Wang in front of him spoke clearly and logically, and the fees were reasonable. After much deliberation, Mr. Peng finally decided to hand over the case to Wang Chuan.

"Okay, Lawyer Wang, I'll do as you said. I'll leave this case to you. It doesn't matter whether you do it together with a team or you do it alone. I only look at the result." Mr. Peng said.

"Okay, I'm going to go through the entrustment procedures. Will you send someone to our office, or should I go to your company?" Wang Chuan asked.

"I'll let someone go to your law firm, just to identify the door, if this case is done well, we will have to come and go frequently in the future!" Mr. Peng said.

"Old Peng, don't worry. Since Lawyer Wang said he can do it, let them do it. Come and have a drink to celebrate the success of your cooperation!" Shen Datou picked up the cup, and the three drank it down after clinking glasses.

Early the next morning, Wang Chuan walked into the director's office with a copy of the verdict given by Mr. Peng yesterday.

"Brother Wan, what do you think about this case? I talked about it last night." Wang Chuan said with a smile.

"Well, the verdict of this case is unclear, there must be something wrong." After reading the verdict, Fatty Wan said, "But since the other party dared to do this, they probably have a relationship. You can see that the verdict is too rough. It’s gone. It’s definitely not going to be an easy case.”

"Would you like to challenge the lawyer's fee of 15.00 in the initial stage and 5000% of the repayment in the later period. The principal of the case is [-] million yuan, and the interest is calculated separately. How about it? The company will come to sign the contract in a while." Wang Chuan asked. road.

(End of this chapter)