As a Lawyer, You Sent the Judge In?
Chapter 56: Are you interested in adding some other requests?
Chapter 56 Are you interested in adding some other demands?
The scale of this labor bill lawsuit is not too large, and the legal fees are not high.
But now that law firms are gradually starting to set sail, it is not easy to encounter civil cases like Zhang Tongwei's that cost hundreds of thousands of legal fees.
It is impossible for a law firm to become fat in one fell swoop. Su Bai still understands this.
Su Bai and Li Xuezhen took a taxi and arrived at the address given by the woman.
The address is in an urban village.
In the room, the man was lying on the bed, his face not very good-looking.
The woman seemed a little embarrassed when she saw Su Bai and Li Xuezhen arriving.
"Lawyer Su's house is a bit chaotic and there is nothing to entertain you. Let me get you a glass of water."
As she spoke, the woman poured a glass of boiled water for each of Su Bai and Li Xuezhen.
The man coughed twice, his face full of apologies:
“I’m sorry, Lawyer Su, for asking you to come so far”
Su Bai smiled and shook his head: "This is our job, there is no need to apologize."
Subsequently, he signaled Li Xuezhen to prepare the transcript.
The man’s name is Wan Henghao, and the woman’s name is Ye Jiao.
“Mr. Wan, before the commission, we have already heard Ms. Ye’s general description.
However, for the specific details, as well as some other situations and necessary things, you need to listen to the opinions of the party involved. "
"OK, I see."
Wan Henghao nodded and said with a serious face: "I will cooperate with Lawyer Su."
Su Bai nodded and made a simple inquiry about the general situation.
Su Bai has already understood it, which means that Wan Henghao works in a construction company.
I haven’t had my salary back for two years, and I even subsidized some material costs.
Need money!
Get your own reasonable and legal money!
This is Wan Henghao’s appeal.
After deciding on the issue of appeal, Su Bai asked several key questions:
“Mr. Wan, did you sign a labor contract with the company?”
“Signed, signed.”
Wan Henghao has already prepared relevant material proof.
While speaking, he took out the contract from the bag beside him and handed it to Su Bai.
“Lawyer Su, this is the labor contract I signed with the construction company at that time. Take a look.”
Su Bai took the labor contract and glanced at it briefly. There was no big problem. It was a normal labor service contract.
“There is no big problem with the contract. Have you applied for labor security in the past two years?”
"Labor and Social Security..?"
“The general meaning of labor security is whether you have applied to the labor-related law enforcement departments to protect your rights and interests..."
“This has happened before!”
Wan Henghao nodded seriously:
“I applied to the labor inspection and law enforcement department a year ago and submitted my opinions and evidence.
The materials and evidence submitted are relatively complete.
Relevant law enforcement agencies came to communicate with me. During the mediation, the other party said that they would give me my salary after the company's follow-up payment is received.
But the other party kept delaying and did not give me the money.
And said all kinds of nice things to me, and kept dragging me until now I really can’t drag it on anymore.
I asked him to ask for it, but he directly said that he had no money and asked me to sue him or contact the labor law enforcement unit! ” ˆ ˆ “In short, he has no money, but he just changed it to Daben! Five or six hundred thousand! I know he has money, he just doesn't want to give it to me. "
“I also went to the labor law enforcement unit, but the other party said that they had already ordered me to pay my labor remuneration, and there was nothing I could do about the rest. I was asked to find a way on my own.”
"However, at present, the money has been taken away by people, and there is probably not much money left. That's why I am so confident that I can sue at will."
“Lawyer Su, in this case, can I still get my money back?”
"What if the other party refuses to give me the debt, or says there is no enforceable property? From the tone of the other party, it seems that they are not afraid of me suing at all."
While Wan Henghao said this, his brows tightened together and he fell into deep worry.
Su Bai smiled gently and comforted:
“Don’t worry, our law firm has a general understanding of your lawsuit.
First file a case to apply for property preservation. If the company really has no property to enforce, you should first look at the current equity structure of the other company. "
“Oh, by the way, how many shareholders does that construction company have?”
Wan Henghao shook his head: "I don't know how many shareholders there are. I only know that this construction company seems to have a big boss behind it."
Su Bai took out his mobile phone: "Is the name of the construction company Tianlan Construction Co., Ltd.?"
"Yes."
Su Bai nodded slightly when he heard Wan Henghao's words, and checked the corresponding information of Tianlan Construction Co., Ltd. on Qixin.com.
In addition to Wu Qi, who Wan Henghao said holds 40% of the shares, there are two other shareholders.
Xie Yu holds 51% and Dong Qiang holds 9% respectively.
Tianlan Construction Co., Ltd. has a registered capital of 8 million yuan and an actual paid capital of 500,000 yuan.
However, these are all shareholders before the creditor's rights were changed.
The current debt is being paid by two scoundrels.
After sorting out the inconsistencies in Tianlan Construction Co., Ltd.'s claims and the equity structure before the transfer was completed, Su Bai's lips curled up slightly.
According to Wan Henghao’s meaning.
Wu Qi, the boss of Tianlan Construction Co., Ltd., has obviously made money, changed the shareholding structure, and is preparing to run away. He no longer plans to pay the money.
And it seems that the other party currently has no property in his name.
One of the reasons why the other party is so confident is that the other party is not afraid of suing and enforcing the company's property.
Because the current company is completely an empty shell.
There is no funds!
It is simply impossible to recover debts from the company!
However, in the company law, there is a legal provision called defective shareholders.
The defective shareholders bear a supplementary liability for corporate debts, to put it in the simplest way.
If Wan Henghao cannot get money from the company, he can pursue the two defective shareholders Xie Yu and Dong Qiang and ask them to repay their debts!
Don’t you, Wu Qi, have no money?
It doesn’t matter if you don’t have money, as long as other shareholders have it. If other shareholders have it, I can just ask someone else to get it.
You are not needed anymore.
Furthermore, I don’t need you to repay me anymore. I will directly sue you for malicious wage arrears and malicious evasion of debts!
You were driving around and living like crazy, and I worked for two years in vain. Aren't you afraid that I would sue you?
OK.
I will just go ahead and sue. It depends on whether you are stubborn or just like the big pot of rice.
How else would it hurt your teeth if you didn’t talk about eating in a big pot?
Su Bai showed two small white teeth: "Based on the current situation, our law firm has a high probability of helping you recover the property you deserve. Are you interested in adding other demands?"
Wan Henghao:? ? ?
Ye Jiao:? ? !
Li Xuezhen:! ! (Happy face!)
(End of this chapter)
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