A friend of Liu's borrowed 20,000 yuan from him two years ago for business needs, and made a written statement, agreeing to pay it back in one year, and the repayment date would be credited to the account one year later. My friend said that money is tight and I will pay it back in a year. Liu agreed. One year later, his friend still did not pay back the money, but despite Liu's repeated urging, he failed. So Liu took his friend to court. Liu’s friend denied the fact that Liu was demanding payment from him and believed that Liu’s debt had expired. So, if you are plaintiff Liu’s litigation attorney, how should you state the attorney’s words?
Lawyers answer questions
The agent's speech in civil litigation is a litigation document published by the agent based on the facts and law during the court debate stage, aiming to protect the client's legitimate rights and interests. Indicate the attorney's opinion on the case. The writing of civil litigation representation words is flexible and there is no uniform format. Since different agency words in a case are different, a general agency word consists of the following parts: (1) Part 1: The title should reflect the nature of the case and the position of the parties represented in the case, such as "Agency for Civil Plaintiffs" word". At the beginning, the customary title is "presiding judge, judge:". (2) Preface: Briefly explain the legality, scope of agency authority, overview of preparations before appearing in court, etc. (3) Text: Text is the core content of agent words. This part should be determined based on the specific case, the litigation status of the agent, the purpose and request of the litigation, and the relationship between the agent and the other party. (4) Conclusion: This part summarizes the concluding comments and specific propositions of the full text, and provides a clear proposition for the client. Articles should be concise and to the point. (5) Tail: signature of the agent, date of publication of the agent’s text.
In this case, as Liu’s litigation agent, you can refer to the following format to write the words civil litigation agent:
Chief judge and acting civil litigation judge:
I accepted the entrustment of the plaintiff Liu in accordance with the law and served as the litigation agent of the plaintiff Liu to participate in the litigation activities of this case. Before the trial, I listened to the client's statement, reviewed the case files, and conducted necessary investigations. The following agency opinions are now issued:
1. In this case, the fact that the defendant borrowed money from the plaintiff is very clear. The loan relationship was legal and effective on the date of year, month and year. The defendant said that he was short of funds now and would repay it in one year. So one year later, the defendant delayed the repayment at the urging of the plaintiff. Now the plaintiff has an IOU proving that the defendant owes him 20,000 yuan.
Second, this case has not exceeded the statute of limitations, and the plaintiff’s rights should be protected. When the repayment period expired, the plaintiff urged the defendant to return it one year later. Therefore, the statute of limitations in this case was interrupted due to the plaintiff's urging. There was no issue of exceeding the statute of limitations. In this case, the defendant denied that the plaintiff had pressed him for money, so even after the money was lent, the plaintiff had not pressed him. From the repayment date separately agreed in the IOU until the plaintiff files a lawsuit, the statutory statute of limitations of two years does not expire. Therefore, in this case, the defendant claimed that the plaintiff's creditor's rights had expired and were not in compliance with legal provisions, and the plaintiff's creditor's rights should be protected.
Therefore, the loan facts in this case are very clear, the loan relationship is legal and valid, and the statutory statute of limitations has not expired. The defendant should bear the repayment liability.
Please fully consider the above representation opinions when the collegial panel meets!
Agent: Zhao.
Date, year and month
Legal link
Civil Procedure Law of the People's Republic of China
Article 58 The parties and legal representatives may Appoint one or two people as litigation representatives.
The following people can be entrusted as litigation agents:
(1) Lawyers and grassroots legal service workers; (2) Close relatives or staff of the parties; (3) The parties Citizens recommended by local communities, units and relevant social groups.
Article 60: If the authority of an agent ad litem is changed or revoked, the party concerned shall notify the People's Court in writing, and the People's Court shall notify the other party.
Article 62: If there is an attorney in a divorce case, I shall appear in court unless I am unable to express my feelings. If you are indeed unable to appear in court due to special circumstances, you must submit a written opinion to the People's Court.
Collection of case law
The agency statement should clearly put forward the agency opinions around the disputed points based on the specific circumstances of the case, and conduct multi-angle and multi-faceted arguments around the viewpoints. We should respect the facts, be loyal to the law, and conduct thorough analysis and demonstration of the disputed facts and evidence. You cannot distort facts and laws or use strong arguments to make excuses.