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It depends on the situation, if the amount is large and the other party is deceptive, it can be recovered!
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You look at this situation.
If the two of you are a normal partner, and the amount of money spent is also within a reasonable range, then you can't sue for recovery, after all, you also loved it at the time, right, spending money on each other is also your own intention, you are willing, now that you are separated, don't be so careful.
If the money you spend between the two of you is that he used various means to deceive you and spend a lot, then you have to consider reporting the case, whether he is a fraud and using your feelings to ask for money.
Analyze it for yourself.
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One person spends money on another person to see if you are voluntary, and if it is voluntary, it cannot be recovered.
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No, it's not a debt, it's something you agreed to be willing to do at the time.
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Depending on the circumstances of the giving, if it is in the form of a gift, it cannot be recovered, but it can be recovered in full in the form of a loan.
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Why do you have to appeal the money you spent voluntarily? Generally, it can't be recovered. It's not something you can regret if you regret it.
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If it is a holiday gift, it cannot be recovered. If the borrowed money can be recovered, you need to find a professional lawyer for consultation.
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Yes? Appeal? This should not be called an appeal, it should be called calling the police for help.
It is not necessary to chase it back or not!
It depends on the situation?!
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OK. Except for numbers like 1314.
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It should be treated as a gift, and it is difficult to cancel it once the gift and acceptance have been completed.
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No IOU, no evidence.
What's more, under the premise that both parties are consensual, there is no legal provision for reclaim!
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In property cases, according to the amount or value of the litigation claim, the following proportions shall be paid cumulatively:
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 according to 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 according to 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.
Non-property cases are paid according to the following standards:
1. Pay 50 yuan to 300 yuan for each divorce 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 yuan 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 yuan to 100 yuan shall be paid for each case.
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As of December of this year, the fees involved in suing a person for hiring a lawyer include regular fees, lump sum fees, and risk fees. There are three stages of lawyers' fees: first-instance fees, second-instance fees, and enforcement procedure fees. The fee standard is about 2,000-10,000 for the upfront fee, and 10-30% of the amount after winning the case or enforcement.
Here's what you know:
1. Regular charges
Conventional fees are carried out with reference to the level of litigation procedures, and the litigation procedures are the "second-instance final" system, that is, the litigation is divided into the first-instance stage and the second-instance stage, and the first time a lawsuit is filed is the first instance, and after the first-instance judgment or ruling, if one party is not satisfied, the second-instance judgment is the final judgment, and no further litigation shall be filed under normal circumstances.
2. Lump sum charges
Lump sum fee refers to the responsibility of the case to the end after charging a fee, that is, only charging a fee once and being responsible for the three stages of first instance, second instance and execution. The fee standard shall be appropriately increased on the basis of the first-instance fee in the regular fee.
3. Risk charges
Risk charge refers to charging a smaller fee before the execution of the judgment, mediation, or settlement payment, and charging a higher fee after winning the lawsuit or enforcing the payment. The fee standard is about 2,000-10,000 for the upfront fee, and 10-30% of the amount after winning the case or enforcement.
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When everyone has a traffic accident, the first thing that comes to mind is certain.
zhi is the dao negotiates with the other party to solve this matter, and the version is usually called.
At that time, we must pay attention to the fact that if the problem is solved through negotiation between the two parties, then a written settlement agreement must be concluded, otherwise the other party's commitment is likely to become a piece of paper, and the problem is still not solved. However, if the parties do not reach an agreement through negotiation, the matter may need to be resolved through litigation. Most parties will choose to entrust a lawyer to handle it, so how to charge the lawyer's fee?
First of all, it needs to be clear that different law firms have different fees, as far as our Yuanjia Law Firm is concerned, if you meet the regulations of the law firm, we can give you a "post-fee", that is, in the process of handling the case, we do not charge you any fees, and then pay the lawyer's fees after you actually get the compensation.
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Due to the different nature of the case and the different lawyers, the classification is diverse, assuming that it is calculated according to the general fee standard, without considering other conditions such as private lawyers, only according to the different cases to charge, civil cases charge about 1,600 yuan, administrative cases about 2,000 yuan, criminal cases about 3,000 yuan.
The reason why it costs money to fight a lawsuit
First of all, we must know that as long as there is a service, there will be consumption, service and consumption are bound, this is the basic common sense of society, just like paying for a meal, you need to pay for litigation fees when you go to the court to fight a lawsuit, which is to pay for the court and the state to serve yourself, and there are provisions in the "Measures for the Payment of Litigation Costs", that is to say, the lawyer can not be invited, and the lawyer can not pay for his own service, but let the state serve itself This must be paid, as long as you fight a lawsuit, the litigation fee must be paid, If you want to win a lawsuit, it is also necessary to hire a lawyer, and the cost of lawyer fees is much higher than the litigation fee, so fighting a lawsuit is a large amount of money.
The cost of hiring a lawyer
As mentioned above, the lawyer's fees will be different in different cases, the above is only the basic fee, and the amount charged by the lawyer also needs to be appropriately increased according to the difficulty of the case, so the above is only the minimum fee standard, if it is a famous lawyer's fee, it will be higher, and this is only the premise that the case does not involve the relevant property relationship, and if there is a case involving property disputes, the lawyer's fee is not just the basic fee, if there is a case involving property relations, The lawyer will charge a small percentage of the property in dispute, which will have to be paid for the lawsuit.
The necessity of a lawsuit
There are many reasons why even if the cost of a lawsuit is so high, there are still many people to fight, the simplest is that the value of the case itself is much higher than the cost of the lawsuit, such as your innocence (to the extent of imprisonment), the amount involved in tens of thousands, etc., which all need to end the dispute through litigation.
Of course, there are their own hardships in lawsuits, and the lawsuits are all fought, and who doesn't want to win, so even if the lawyer is expensive, it is necessary to hire it, of course, in the case of insufficient financial ability and must fight a lawsuit, you can consider applying for legal aid to reduce the financial burden of the lawsuit.
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Different cases charge different money, and copy is mainly judged according to the following methods.
1. Charge by piece
For some cases without a subject amount and cases with a small subject matter, as well as criminal cases, a fee is usually charged on a case-by-case basis. That is, there is a flat fee, regardless of whether your subject matter is large or small, and regardless of whether your case has special requirements.
2. Charge according to the target amount
According to the charging method stipulated by the Bureau of Justice of the People's Republic of China and the first month, the fee is charged according to the subject amount in a stepped mode. For example, the part below 100,000 yuan is a charging standard, the part between 100,000 and 150,000 yuan is a charging standard, and so on.
Finally, according to the subject matter of the entrusted case, different parts of the fee are charged, and finally superimposed, that is, the total fee charged by the lawyer.
3. Risk**
The risk is mainly divided into 2 types, one is the full risk, no ** fee is charged when entrusted, and the settlement will be settled only after the case is won or the execution money arrives, and the specific settlement amount will be implemented according to the agreement between the two parties. In this case, the ** fee is usually 20%-30% of the underlying amount.
The other is semi-risk, that is, part of the fee is charged when entrusted, and the remaining fee is charged according to the agreed proportion when the case is won or the execution is completed.
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1. BAI fee will be charged per piece
1. There is no property dispute
case zhi: Ordinary civil, economic, and administrative cases that do not involve property, edition.
Depending on factors such as the nature of the case, the degree of complexity, and the time required for the work, the case is in6,000-100,000 yuannegotiated between them; Where civil, economic, or administrative cases in other places do not involve property, the ** fee shall not be less than that20,000 yuan
2. Legal documents: Writing, revising, and reviewing legal documents on behalf of the people, according to the nature of the legal documents, the degree of difficulty, the time required for the work, and other factors, each document is in600 2000 yuannegotiated charges between them;
3. Lawyer's witness: According to the nature of the legal instrument, the time required and other factors, according to each piece2000 10000 yuannegotiated charges between them;
4. Acting on behalf of the office: The lawyer's representative of the matter is different, each case1500 3000 yuannegotiated charges between them;
5. Lawyer's letter and legal opinion: Issue a lawyer's letter or legal opinion for the client, and negotiate the fee according to the difficulty of the relevant affairs, the purpose of use, the time required for the work and other factors, each copy is1500 20000 yuannegotiated charges between them;
6. Lawyer investigation: Fees are negotiated according to the investigation matter.
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The standard of attorney's fees is stipulated in the industry, but this provision is a scope and guidance, and the specific amount of fees within it needs to be negotiated by the client and the lawyer according to the circumstances of the case, and finally agreed in the contract.
1. Hourly charges
100-2500 yuan per hour.
1. More than 30 minutes and less than 1 hour will be counted as 1 hour, less than 30 minutes will not be charged, and the time in transit for handling legal affairs will be calculated by half.
2. It is determined according to the time that one lawyer handles affairs, and where two or more lawyers are needed, the time is calculated separately and added together.
II. Provisions on Fees for General Cases
1. Separate second-instance trial, retrial, enforcement, and counterclaim cases shall be charged in accordance with the charging standards of first-instance cases. If it has been in the previous stage, it will be halved from the next stage.
2. In the case of a counterclaim at the same time, the amount of the subject matter of the counterclaim shall be reduced by half.
3. If the risk charge is implemented, the maximum fee amount shall not be higher than 30% of the subject amount agreed in the contract. Where the contract is unclear or obviously unfair, it shall be interpreted in favor of the client.
Lawyers can handle cases nationwide, but from the perspective of the parties, the choice of lawyers should consider the issue of location. If it is a simple case, it is best to consult and choose a local lawyer to handle it.
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During the period of detention, a criminal suspect may apply for release on bail pending further investigation as long as he meets the requirements for release on bail pending further investigation.
Article 65 of the Criminal Procedure Law: People's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:
1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;
2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;
3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;
4) Where the period of detention is complete, the case has not yet been completed, and it is necessary to employ release on guarantee pending further investigation.
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Hello friends, there is a general principle in criminal law called appeal without increasing the sentence, that is, one person's appeal will not affect the others, but if the case is remanded for retrial to reduce the sentence, it will have an impact on the other person!
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If the defendant does not appear at the court notice from the court, the court may rule in absentia. In general, the outcome of the judgment is usually unfavorable to the absent party.
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Hang yourself at home. Hey, alas.
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The absent party usually loses the case.
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There are two people on the verdict, one of whom is dissatisfied and can appeal alone.
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Of course, this is possible, as long as you feel unconvinced, of course you can appeal.
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