Is a small claims lawsuit a sure winner for the plaintiff?

In cases where the small claims procedure is applied, the plaintiff does not necessarily win.

This is only a trial procedure determined by the court according to the facts and amount of the case, and has nothing to do with the plaintiff's victory or loss.

Article 165 of the Civil Procedure Law: Where the basic level people's courts and the tribunals dispatched by them hear simple civil cases of monetary payment where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large, and the subject amount is less than 50% of the average annual wages of employed persons in each province, autonomous region, or municipality directly under the Central Government, the procedures for small claims litigation are to be applied, and the first-instance trial is final.

Not necessarily. According to the provisions of the Civil Procedure Law and judicial interpretations, the first instance of a small claims lawsuit is not necessarily a final judgment, and only a small claims lawsuit that meets the requirements of the summary procedure is the final trial of the first instance.

The defendant is more likely to lose, and the plaintiff may not be able to win the lawsuit, but the more important one is sure to win.

Even small claims lawsuits require a lot of evidence. Therefore, if there is no evidence, there is no guarantee that all will win. The key is to look at your own lawyer and how much evidence you have.

If the plaintiff disagrees with the judgment of a minor dispute, the judgment may be appealed to see whether the judgment is final. (Small claims litigation is applicable to simple civil cases where the target amount is less than 30% of the average salary of employees in the province in the previous year) is a final ruling, and it is not subject to appeal. If he believes that this is wrong, he can apply to a higher court for a retrial, which will decide whether to do so.

Not necessarily, not necessarily.

The plaintiff was not satisfied with the judgment in the small claims lawsuit. Can you appeal? Check if the verdict is final.

Small claims are available in simple civil cases where the target amount is less than 30% of the average salary of employees in the province in the previous year). If the judgment is final, the plaintiff cannot appeal. Where there is an error, an application may be made to the higher court for a retrial, and the higher court is to decide whether to retry it.

The applicant was not satisfied with the judgment in the small claims case. Can you complain? See if the verdict is final.

The small amount requirement is applicable to simple civil cases where the target amount is less than 30% of the average salary of employees in the province in the previous year). If the judgment is final, the applicant cannot appeal. If an error is made, it can request a retrial from a higher court and decide whether to retry it.

1. In civil litigation, it should be an application for a retrial rather than an appeal.

2. In small claims litigation cases, in accordance with the provisions of article 162 of the Criminal Procedure Law, the first-instance final trial is to be implemented, and because the judgment is a final judgment and takes effect immediately upon delivery, the parties may not appeal if they are not satisfied with the judgment of the Ichihashi Fan Zao trial. However, according to the provisions of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, only cases tried by non-litigation procedures such as special procedures, supervision procedures, public notice procedures, and bankruptcy procedures may not apply for a retrial.

2. The adverse consequences of losing the lawsuit generally include:

Clause. 1. The plaintiff shall bear the litigation fees paid in advance by the plaintiff, which is different from the defendant reimbursing the plaintiff for the litigation fees paid in advance after winning the lawsuit.

Clause. 2. The litigation costs are also borne by the plaintiff, such as judicial appraisal fees, etc., and the defendant can be judged to bear the lawsuit if the lawsuit is won, and the plaintiff himself can bear it.

Clause. 3. Before the lawsuit, there were similar agreements between the plaintiff and the defendant that "the lawyer's fees paid for the realization of the creditor's rights shall be borne by the defendant", and the plaintiff himself was responsible for losing the lawsuit.

Clause. Fourth, the most important thing is that the purpose of the lawsuit is to protect and support one's legitimate rights and interests through litigation, and because the lawsuit is lost, the court cannot support it, and the purpose of the lawsuit cannot be realized.

Clause. 5. What is even more unfavorable is that China's litigation law stipulates the principle of "res judicata", and the plaintiff's defeat is a case that has been handled by the court, and if the plaintiff pursues the same cause and claims to sue again, the court will not accept it again.

Legal analysis: According to the provisions of the judicial interpretation of the Civil Procedure Law of the People's Republic of China, when the people's court hears a small claims lawsuit, there is no provision that the judgment shall be pronounced in court, but the facts of the small claims lawsuit are relatively simple and the judgment should generally be pronounced in court. The duration of the trial is generally three months.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 148:People's courts are to publicly announce judgments in cases that are tried openly or not in public. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. When the judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court where the appeal is known.

When a divorce judgment is pronounced, the parties must be informed that they must not marry separately until the judgment takes legal effect.

Article 161:People's courts applying the simplified procedures to hear cases shall complete trial within 3 months of filing the case.