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A direct contractual relationship is formed between you and Wang.
This lawsuit has nothing to do with Lin Chen.
You can directly sue Wang to demand that he fulfill his payment obligations in full, and you can require him to pay interest on the debt during the period of delay at an appropriate interest rate.
According to the principle of who submits the evidence, the accidental death of the pig proposed by Wang can only escape the debt liability if he adduces evidence to prove that the dead pig suffered from a fatal disease before the first transaction occurred. If Wang cannot provide evidence, then he will face "inability to present evidence" and will not be supported by the court.
Here, Wang basically cannot provide evidence, that is to say, your litigation claim has a better chance of winning.
As for Lin Chen's non-payment of the price of the subject matter, it is another legal relationship and has nothing to do with you. Wang can sue Lin Chen and demand payment for the goods.
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Not too. It is about the issue of contracts and statutes of limitations under civil law.
1 It has become a legal fact that you sold the pig to Wang, but was it written or oral? If it is oral, whether there are relevant witnesses present, and if so, it is possible to file a lawsuit. A lawsuit can also be filed if it is in writing.
2 How many years have passed since the legal facts of this contract, how many years have been this? Generally, the time limit for asserting rights is two years, whether you have asserted your rights in two years, and whether there is relevant evidence to show this.
3 If you have fulfilled both of the above points, you can claim compensation for the relevant losses.
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You can get 1300 back, but your other losses are enough!
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There are two main factors to be considered in determining the fee standard for civil cases: one is the nature of the litigation costs. Second, the nature of the case should be considered.
1) In property cases, according to the amount or value of the litigation claim, it shall be paid cumulatively in accordance with the following proportions: 1if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.
The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%; 4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5.
The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%; 6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment; 8.
The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; 9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment; 10.The part exceeding 20 million yuan shall be paid according to the payment.
2) Non-property cases shall be paid according to the following standards: 1Divorce cases are subject to a fee of $50 to $300 per case.
If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment. 2.In cases of infringement of the right to name, title, portrait, reputation, honor and other personality rights, 100 to 500 yuan shall be paid for each case.
If compensation is involved and the amount of compensation does not exceed 50,000 yuan, no additional payment shall be made; The part exceeding 50,000 yuan to 100,000 yuan shall be paid at 1%; The part exceeding 100,000 yuan shall be paid according to the payment. 3.For other non-property cases, 50 to 100 yuan per case shall be paid.
Legal basis: Article 13 of the Measures for Payment of Litigation Fees shall pay case acceptance fees in accordance with the following standards: (1) Property cases shall be paid cumulatively according to the following proportions according to the amount or value of the litigation claim:
1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3.
The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%; 4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%; 6.
The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment; 8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; 9.
The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment; 10.The part exceeding 20 million yuan shall be paid according to the payment.
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Civil litigation fees mainly include lawyer service fees and court procedural law, both of which need to be determined according to your specific litigation requirements, and the lawyer's service fee can be determined with reference to the local fee standard and the lawyer himself, and the court procedural law shall be determined with reference to the "Measures for Payment of Litigation Fees".
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The worst result is that China Merchants Bank files a civil lawsuit, in addition to paying the principal, interest and late fees, there may also be litigation costs because you lose the lawsuit, and you will also be blacklisted by the bank.
Therefore, it is recommended that you still have to pay it back when you have money, after all, you owe money to pay it back. China Merchants Bank recruited a group of people to conduct small claims lawsuits, which is aimed at the situation of "malicious arrears".
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It depends on how much it is.
Below 5000 will not look for you, and will directly enter the blacklist and be listed as a dead battle.
More than 5000 is not okay.
First, the bank called ** to check the information, and then urged you to repay the money.
followed by the personnel who came to the door to intimidate, and their attitude completely changed, and 110 who insisted on not returning it came to the door.
Or ask you to pay back.
If you don't pay it back, hehe, I just tried it today with a fixed-term imprisonment of less than 2 years (less than 20,000 yuan), and I don't believe you can try it very zero.
At the end of the year, you will definitely be in prison, and you will be in prison during the Spring Festival this year.
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1.After spending with a credit card, no interest will be charged on the full repayment date set by the bank.
2.Credit card overdraft withdrawals are subject to a 1% to 3% handling fee and a daily interest rate of 5/10,000.
3.After spending or withdrawing overdraft, the minimum repayment amount is 10% of the total amount due for the current period and the outstanding amount of interest and fees due in the previous month.
4.If you miss the last repayment date or fail to repay the minimum payment, you will be charged a late fee of 5% of the outstanding part of the minimum payment and affect your personal credit history.
5.If you fail to repay the loan for a long time, the bank will file a lawsuit in accordance with the law, and the use of credit cards to repay the overdraft is a commercial fraud and will be punished in accordance with the criminal law.
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It is directly on the blacklist of all banks, and it will be difficult for you to deal with banks in the future. You'd better pay off all your debts, and you can save some credit, and you will be removed from the blacklist after 24 months.
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Civil litigation is to resolve economic disputes between equal subjects, and the purchase price owed by the Education Bureau is a dispute between the purchaser and the seller, so civil litigation is applied.
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An administrative lawsuit is filed by an enterprise or others who are dissatisfied with a specific administrative act made by an administrative agency, and now it is a general contract dispute that the Education Bureau has not made a specific administrative act against the shopping mall.
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Both sides are equal in civil matters.
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The main process of civil litigation is as follows: 1. The plaintiff files a lawsuit with the court. 2. After the court accepts the case, it will serve the plaintiff with a notice of acceptance and a summons, and notify the plaintiff to pay the fee; Serve the defendant with copies of the complaint and evidentiary materials, summonses, etc.
3. The court shall hear and mediate or adjudicate in accordance with the law. 4. If the parties are not satisfied with the judgment, they may appeal within 15 days, and the court at the next higher level will retry the case and mediate or make a judgment. 5. If one party fails to perform the effective legal documents, the other party may apply to the court for enforcement.
The litigation fees that the parties shall pay to the people's court include: (1) case acceptance fees; (2) Application fee; (3) Transportation expenses, lodging expenses, living expenses, and compensation for lost work incurred by witnesses, evaluators, translators, and adjusters appearing in court on the date designated by the people's court. There are two main factors to consider in determining the fee standard for civil cases:
One is the nature of litigation costs. Second, the nature of the case should be considered. The specific standards shall be implemented in accordance with the "Measures for Payment of Litigation Costs".
Legal basis: Article 13 of the Measures for Payment of Litigation Fees shall pay case acceptance fees in accordance with the following standards: (1) Property cases shall be paid cumulatively according to the following proportions according to the amount or value of the litigation claim:
1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece; 2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment; 3.
The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%; 4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment; 5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%; 6.
The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment; 7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment; 8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment; 9.
The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment; 10.The part exceeding 20 million yuan shall be paid according to the payment.
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To file a civil lawsuit, as long as you go to the court with jurisdiction, write a complaint, and file the case! The cost of a general civil action is calculated by the court and the plaintiff is notified to pay the fee, which varies from case to case. Attorney fees are generally more expensive.
The costs of the lawsuit are paid by the plaintiff first, but the plaintiff can request the other party to pay all the costs of the lawsuit in the claim, so that the plaintiff can be compensated for the costs of the lawsuit if he wins the lawsuit.
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How much does a case cost in total.
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1. The amount is not very large, and there is no need to go to court, but if the court has already accepted it, it has to go according to the procedure.
2. If you do not repay the loan when it is due, you only need to bear the principal of 5,000 yuan and the interest of the bank loan for the same period that is delayed after maturity.
3. The lawyer's fees entrusted by the other party shall be borne by the other party and have nothing to do with you, and 4. There are only litigation fees, if the other party does not require you to bear it in the litigation claim, you do not need to pay the money you owe, and you still try your best to negotiate with the other party.
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Attorney fees are non-refundable.
The litigation costs need to be repaid, and the other party must pay the litigation fees in advance when suing, and you have to pay this. Of course, there are no lawyer's fees.
But it's better to give it to her. As long as you pay back the money, take the ** strip. Just tear up the IOU.
It's okay. Do not worry.
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Don't be afraid! If there is no interest on your IOU, at most it will be calculated according to the bank interest in the same period, including lawyer fees and litigation costs, and it will not exceed 10,000 yuan, and 20,000 yuan will be yours! Don't be afraid of him! But it's better to reconcile, aren't you acquaintances!
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Do you have an IOU, and is there a specific provision on the IOU for late submission?
Second, you borrow 5000, and now you ask him to settle out of court, in fact, you can settle out of court when you go to court.
Third, it is impossible to ask you to pay back 20,000, that is blackmail. Her lawyer wasn't stupid enough to do that. Borrowing at an interest rate of more than 30% per annum is considered usury. Does she dare.
Fourth, the most you can do is to repay the principal and interest will not exceed 5500, plus a few hundred yuan. Payment of attorney's fees (she needs to apply to the court for the court's approval).
And you and you have long been willing to settle out of court. The average judge will not support it.
So the maximum possibility. You give 6000 fast and it can be solved. I really suspect the woman is scaring you. The lion opened his mouth. Then bargain and finally let you pay back 18,000.
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If you find a lawyer, you don't have to worry about it, but you can't get 2w That's not usury, even if it is mediated, the interest part of the law only protects four times the normal one.
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I'm not an expert, but I have to say that don't look for such a person to borrow money in the future, how troublesome it is. It's only been a little over a month, and it's only 5,000, so it's really difficult, so don't borrow it. I'm looking for a lawyer -- get yours, which lawyer is so boring to take it? Solved it privately.
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What you need to return is the principal of 5,000 yuan plus the interest on overdue repayment, and you do not need to bear the lawyer's fees, but if it really goes to court, then the litigation costs should also be borne by you.
You can negotiate with the other party now, hiring a lawyer is obviously harmful to others and not benefiting yourself, hiring a lawyer will cost at least 1000, this money must be paid by herself, not to mention that everyone is still under the same roof.
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Attorney fees are determined by the lawyer and are determined according to the lawyer's fee guidance in each locality**. Referring to the Guangzhou area, it is generally between 3000-6000. The court's litigation fee of 200 yuan, if the case is simply subject to summary procedures or mediation, will be charged in half, and the losing party shall bear it, and the plaintiff shall pay it in advance.
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**Civil Litigation, Administrative Litigation and State Compensation Cases.
1.If the property relationship is not involved or the subject matter of the dispute is less than 100,000 yuan (including 100,000 yuan), the basic ** fee for each piece is 1,000-8,000 yuan;
2.If the property relationship involving more than 100,000 yuan is involved, in addition to the basic fee, the cumulative fee is also charged according to the size and segment of the subject matter of the dispute
More than 100,000 yuan - 500,000 yuan (including 500,000 yuan) 4-6% More than 500,000 yuan - 1 million yuan (including 1 million yuan) 3-5% More than 1 million yuan - 5 million yuan (including 5 million yuan) 2-4% More than 5 million yuan - 10 million yuan (including 10 million yuan) 1-3% 10 million yuan or more 1-2%.
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