Lend acquaintances 6,543,800 yuan, with IOUs. This is a typical private lending. If there is enough evidence, such a case is very simple. You don't need to hire a lawyer, just go to court to file a lawsuit yourself, and there is no need to spend that lawyer's fee.
In a case like this, if a lawyer is hired, the lawyer will charge. Under normal circumstances, the charge should be around 5000 yuan. So 65,438+10,000 yuan, there is no need to spend thousands of dollars to hire a lawyer. If you know some legal knowledge, you can handle it completely.
For a simple case like this, the main procedure for filing a case is to write a complaint in triplicate, copy the ID card, the original loan and other materials, and then file a case in the court filing hall. The presiding judge will contact you in time after filing the case. If the case is not complicated, the court will mediate; If the mediation is not good, the court will decide according to law.
However, if there is a dispute over the loan, the other party does not approve it or has other troubles, then it is better to hire a lawyer, because lawyers are professionals after all.
The lawsuit depends on the evidence, if the other party does not admit the fact of borrowing money, or find other reasons to refute it. Then the problem may be complicated, involving the statute of limitations, the false litigation issue, whether there are interests, and so on. In this case, in order to prevent the other party from cheating, you need to hire a lawyer.
To sum up, private lending disputes with clear lending relationship and recognized by the other party do not need lawyers. However, it is better to hire a lawyer for cases that the other party refuses to admit or has other defense reasons.
Please decide according to the specific situation.
Don't sue before you pay back the money, ask for evidence first! 〉
Borrowing money is usually an acquaintance, or you just lend it to the company to pay interest.
In order to ensure that they don't suffer, especially acquaintances sometimes turn their faces and deny people. At this time, just relying on an IOU may not win the lawsuit.
Without confirmation, lawyers can't do anything about IOUs. The reason is simple: "He said he didn't lend you money and asked if you had any other evidence"? You didn't. No one can see that you lent him money. Because there is a note.
Proof is very important, for example, when you borrow money, someone else is present to prove it to you. There are payment vouchers, telephone recordings and WeChat chat records as evidence.
The best way is: if he doesn't pay back the money, don't make a bad relationship. You can push back the repayment time ... and ask him to sign the loan again. You can also write a "repayment commitment letter" on the repayment time. Don't write again once.
This is related to the limitation of prosecution, which is two years. If he re-signs the IOU, the time limit will be counted from the time of signing, and it can be pushed back without affecting your prosecution time.
With corroboration, the lawsuit won half.
Whether to hire a lawyer to see an individual, the amount is not large, and the evidence can be without a lawyer.
The prosecution procedure can be searched online, with templates on it.
Important original evidence must be preserved. Use a copy when suing.
After the court's decision: If the other party still fails to pay back the money, it can ask the court to enforce it, or even ask the court to blacklist the other party according to law.
All the above are my personal experiences, and the evidence is very important and effective. I'll pay you back slowly without a lawsuit. My wife borrowed 200,000 yuan from a company on 20 13, and the interest rate was 1.5%. Later, the company suffered serious losses, the principal was not repaid, it was unable to repay the loan, and there were too many foreign debts. There's nothing the court can do. I wrote a repayment commitment letter and have already paid back more than 100,000 yuan.
Like my friend's comments, ten concerns!
I will try my best to help you!
Lawyer Liu said: Because your terms are vague, I will simply analyze whether you need to hire a lawyer.
First, in the case of sufficient evidence, private lending disputes have basically won.
In terms of evidence, if you have IOUs, transfer vouchers, receipts and information of the other party, you can download the template of civil complaint from the Internet and directly sue the defendant in the basic people's court.
Even if the case is in doubt, the court will inform you of the necessary procedures at one time and won't let you run many times.
Generally speaking, for a trial without a lawyer, the court will try to guide both parties through the whole trial process, and the disputes over private lending are generally clear and the probability of winning is high.
Second, if you are not sure about the evidence, or the other party wants to transfer the property, it is a better choice for you to hire a lawyer.
If 654.38 million yuan is paid in cash, or the other party wants to transfer the property, it is very unfavorable for you, at least consult a lawyer.
The court is now very strict in reviewing private lending cases. Even if you have an iou, but you don't have a transfer voucher, you are likely to lose in the end. So when you find a lawyer, you will find a professional to help you find a way to improve your evidence through legal means such as sending a lawyer's letter, designing a recording, and retrieving files, so as to increase your chances of winning the case.
If the other party wants to transfer the property, I suggest you find a lawyer to preserve the property before the lawsuit. This is not to say that you can't preserve property before litigation, but the preservation process is more complicated. Sometimes it is necessary to contact the guarantee company and the court to race against time to avoid winning the case but having no property to enforce.
Third, lawyers charge different fees from place to place. Please refer to the standards of the price bureau.
Generally, it is less than 654.38+10,000 yuan. Because the bid amount is small, the fees are all around 6%- 10%. This is only a rough estimate, and each law firm may be different. You only need a few.
If you are sure of the lawsuit, you can prosecute yourself, but you are not sure of the execution, you can ask a lawyer to intervene in the execution stage.
Admittedly, not all cases need to entrust a lawyer, and some cases can be solved smoothly by the parties themselves. There are far more cases without lawyers than those with lawyers.
As far as private lending disputes are concerned, some cases are really simple. The facts of the case are clear and the evidence is sufficient. If it is based on a real loan relationship, even if you don't entrust a lawyer, it may not be a problem to win the lawsuit in the end.
The loan amount is 6,543,800 yuan, with IOUs, loan payment form (transfer or cash), interest calculation, jurisdiction court and other matters. If you can figure it out yourself and your time permits, you can sue yourself. Of course, if you are in doubt, you can also consult a lawyer in advance and introduce all the evidence materials and the case to the lawyer to see if there are any doubts and problems.
As for the lawyer's fees, the standards in each region are different. The Price Bureau, the Judicial Bureau and the Lawyers Association will all have guidelines on lawyers' fees, which can be used as a reference. Of course, the lawyer's fee is more related to the individual lawyer and varies from person to person.
First of all, do you want to ask a lawyer to take the initiative, but clearly speaking, just having an iou may not win the case now.
Because the situation you are talking about may have the following risks,
You can't prove that you gave the money, for example, the other party said that you didn't receive the money at all, and you have no proof if it was delivered in cash. Now, when trying a case of private lending, you have to find out how to repay the money and the borrower's property status, so I suggest you consult a lawyer in detail even if you don't plan to hire a lawyer.
Because the lawyer had represented the defendants in such cases, he denied many fake IOUs and IOUs made in the form of usury.
As for some people are black lawyers, can you believe these words? Lawyers live by reputation and legal knowledge, and do not deny the existence of blending lawyers, but with the advancement of the rule of law, they will have no market.
There is another saying, what goes around comes around. If you don't do bad things, the sky is watching.
Please think twice!
Pay attention to the format of the loan.
Write down the following clearly:
receipt for a loan
On a certain day, a certain month, a certain year, who (ID number and address) borrowed money from whom for what reason. Payment amount and method. How much is the interest, when will it be paid back and when will it be paid off? If it is overdue, what is the penalty interest?
It is best to have a reliable person or company with good reputation and stable income to guarantee it and bear joint liability.
It should also be noted that in case of breach of contract, you can directly apply to the people's court for compulsory execution without prosecution. And agree on the service address of legal documents.
According to the fingerprint, it is better to have a third person to witness it.
Leave a copy of your ID card.
If the IOU meets the above requirements and there is no dispute between you, you don't need to trouble the lawyer.
Note: First, cash is generally not given. Second, don't be embarrassed to ask for it. Third, don't write a receipt. Fourth, it is best to check the credit information of the other party. Fifth, it is best not to lend it out just because it was introduced by others.
If you decide to hire a lawyer, you can borrow100000 and charge 2% to 3%.
Welcome to add.
Our country's law does not stipulate that a lawyer must be hired in a lawsuit!
First of all, you have an iou written with the other party, which is very favorable evidence for you, but you have to make sure whether this iou is really absolutely effective. If you are sure, it doesn't matter. Just sue the other side directly, and you will win.
Secondly, if you are not sure that the IOU is absolutely effective, you'd better ask a lawyer. After all, lawyers, as professional lawyers, can provide you with professional legal services, which will save you a lot of detours. On the other hand, even if your evidence is absolutely valid, wouldn't you lose a lot if the other party could find some loopholes in the defense?
Finally, I will tell you some basic criteria for judging whether the IOU is valid: the basic contents of IOU include: creditor's name, loan amount (local and foreign currency), interest calculation, repayment time, liquidated damages (deferred repayment), dispute resolution method, debtor's name, loan date and other elements. As long as you have the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan, it can be used as evidence of the loan!
A simple case does not need a lawyer, but it is difficult to judge whether your case is simple or not just by looking at your statement.
Brothers should settle accounts clearly, not to mention borrowing money from friends. No matter how good the relationship between the debtor and the creditor is, it is necessary to make an IOU when borrowing money. Many lenders think that as long as there are IOUs, it is easy to go to court in case of disputes, and 100% can win.
In fact, with IOUs, you can sit back and relax, and there are probably risks.
It is not enough just to borrow money. What would you do if the other person said he didn't get the money at all? You have to prove that you paid. When trying private lending cases, judges should find out how the money is paid.
Some IOUs have their own problems, and you may not see them yourself. Sometimes you need a lawyer to help you judge this. For example, this IOU was written by the borrower in advance and then given to you, and the borrower's signature on this IOU does not rule out the possibility of being signed by others. If you have such an iou in your hand, you are in trouble. He may argue that this IOU has nothing to do with him. In this way, your case is very complicated
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It is not enough to lend money to a friend. This kind of loan dispute between individuals belongs to private lending cases, and the court will examine whether there are any vouchers for lending money, such as bank running water, receipts, etc.; Whether the lender has the ability to lend money, the source of loan funds and so on.
If a lawsuit is filed, the legal fee charged by the court is about 2300 yuan, and the summary procedure is halved. The lawyer's fee depends not only on the subject matter and the complexity of the case, but also on the charging method negotiated by both parties. According to the lawyer's fee standard in Guangdong province, the lawyer's fee is about several thousand yuan to ten thousand yuan.