The dispute between creditor's rights and debts can generally be understood as the occurrence of contradictions caused by various borrowing and repayment problems. Debt dispute is also the contradiction between people because of money, which is called debt dispute.
I. Attorney fees for civil litigation of creditor's rights and debts
1. Fees for agency claims and debts:
(a) does not involve property rights, the basic agency fee for each charge is 1000-8000 yuan;
(2) The subject matter in dispute is less than 6,543.8+10,000 yuan (including 6,543.8+10,000 yuan), and the basic agency fee for each piece is 654.38+ 0,000-8,000 yuan; Where the property relationship is more than 654.38+10,000 yuan, except for the basic agency fee, other expenses shall be accumulated by stages according to the size of the disputed subject matter:
65438+ 10,000 yuan to 500,000 yuan (including 500,000 yuan): 4-6%;
More than 500,000 yuan-6,543.8+0,000 yuan (including 6,543.8+0,000 yuan): 3-5%;
6.5438+0.00 million yuan-5 million yuan (including 5 million yuan): 2-4%;
More than 5 million yuan-10/00000 yuan (including100000 yuan):1-3%;
1100,000 yuan or more: 1-2%.
2. For cases with complicated or significant cases, the fees may be negotiated with the parties above the above-mentioned standard amount, but the maximum fee shall not exceed 3 times the prescribed standard.
3. Answer legal advice: 10- 100 yuan/piece, or charge by the hour.
Time charging standard:100-2,000 yuan/hour.
4. For the creditor's rights and debts cases involving property, the law firm may execute the risk agency fee if the client requests to execute the risk agency fee. Where risk agency charges are implemented, the maximum amount of charges shall not be higher than 30% of the amount of the disputed subject matter agreed in the charge contract.
5, non litigation legal services, fees can be negotiated by the law firm and the client.
Second, the principle of charging for civil litigation lawyers.
The system design of legal fees and other expenses can not be "one size fits all", but should be rational thinking, follow objective laws and step by step. Generally speaking, the following principles should be followed:
1. Lawyers' fees that meet the requirements of relevant state departments can be compensated;
2. The lawyer's fees in civil litigation are not all borne by the losing party. Generally, only in tort litigation and other types of cases can we consider "calculating the lawyer's fees in accordance with the provisions of relevant state departments within the scope of compensation".
3. The scope of compensation for lawyer's fees is limited to necessary and reasonable fees.
Third, the way to deal with disputes over creditor's rights and debts.
First, the sum solution.
Settlement by negotiation means that both parties of creditor's rights and debts directly negotiate or invite a third party to mediate and solve disputes on the basis of voluntariness and mutual understanding. When the creditor's right expires or is about to expire, if the debtor is temporarily unable to repay the debt but has the sincerity to repay it, the creditor may negotiate with the debtor on the time limit, method and amount of debt performance, and urge the debtor to fulfill the debt or sign a repayment agreement. Where the creditor's rights are secured by mortgage or provided by a third party, the creditor may negotiate with the mortgagor or guarantor to make the mortgagor pay off the debts with sufficient mortgaged assets or the guarantor pay off the debts.
Second, the mediation law.
You can submit a written application for mediation to the local people's mediation committee. According to the "Several Provisions on People's Mediation Work" promulgated by the Ministry of Justice, the application for mediation shall meet the following conditions:
1, with clear basic information of mediators, such as citizens and legal persons.
2. There are specific mediation requirements, such as requiring the respondent to fulfill the repayment obligation.
3. The application for mediation has factual basis, such as loan contract and guarantee agreement.
This dispute belongs to the scope of acceptance of the people's mediation committee. After reaching an agreement through mediation, the debtor shall perform its obligations as agreed, and shall not alter or terminate the agreement without authorization. If the debtor reneges or partially reneges after signing the agreement, the creditor may bring a lawsuit to the people's court and demand the other party to perform the mediation agreement.
Third, the arbitration law.
According to the provisions of China's arbitration law, arbitration is based on the unification of arbitration, trial and final adjudication. Compared with the two-instance system of final adjudication, arbitration is more conducive to the rapid settlement of disputes between the parties. The parties applying for arbitration shall apply to the arbitration institution.
Submit the arbitration agreement, application and copy. The application shall specify in detail the facts and reasons such as the name, gender, age and occupation of the party concerned. Arbitration to solve debt disputes has strong confidentiality, and most of the parties have no fierce confrontation. In addition, the cost of applying for arbitration is generally lower than the cost of filing a lawsuit.
Fourth, procedural law.
Debt dispute litigation is a kind of civil litigation. For some complex cases that are difficult for the other party to handle or solve by other means, the creditor may choose litigation procedures to solve them. The advantages of litigation are as follows:
1. The court's handling of debt disputes is the final and executable solution.
2. The limitation of action is strictly limited by law.
China's civil procedure law stipulates that after the court receives a civil complaint or oral prosecution from a citizen, the trial period of the first instance of a civil case is six months, which can be extended for six months under special circumstances; If a party refuses to accept the judgment of first instance, he may appeal to the people's court at the next higher level; If a party refuses to accept the ruling of first instance, it must appeal to the people's court at the next higher level within 10 days, and the trial period of second instance of civil cases is 3 months. The court pronounced the sentence immediately after the judgment.
Fifth, the application of the payment order law.
Article 191 of China's Civil Procedure Law stipulates: "After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal after examination, it shall issue a payment order to the debtor within 15 days from the date of acceptance: if the application is not established, the ruling shall be rejected." If the debtor fails to perform his obligations consciously within the specified date and does not raise a written objection, the creditor may apply to the people's court for enforcement.
Sixth, apply for enforcement of the law first.
Pre-execution is a temporary measure for the people's court to execute certain property on the defendant in order to solve the plaintiff's current living difficulties before making a judgment in some cases. Article 97 of China's Civil Procedure Law stipulates: "The people's court may, upon the application of the parties, order the following cases to be executed first: (1) recourse for alimony, maintenance, childcare, pension and medical expenses; (2) recourse for labor remuneration; (3) In case of emergency, it needs to be executed first. "
In the debt relationship, the creditor is specific, and only this specific right subject has the right to ask the debtor to perform the agreed obligations. If the person who has the obligation to perform fails to perform his obligation, the creditor has the right to request the judicial organ to force him to perform it.
Legal objectivity:
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.