What should I do if the education and training institutions run away?
The longest road you have traveled is probably the routine of law. Lawyer Wan tells you a true civil story, and I hope you can understand it.
The front says:
202 1, most parents in the country may be experiencing this thing, that is, the "double reduction" policy. This policy came too fast, and many people, including those in the system, did not expect that it would bring so many chain reactions. What should parents do when educational institutions run away? This is the question before everyone. Training institutions that can voluntarily refund fees are all good institutions. It is also good to be able to refund fees under the supervision of relevant departments, but there are a large number of training institutions, which are just running away with money. Parents of students who abscond with money generally have the following treatment methods:
One,
Directly call the police, many people report fraud or contract fraud to the police station. This may be the most direct way for everyone to deal with it. At this time, everyone still believes in our public security, but the basic answer may be that this is an economic dispute, not a criminal case. Even if some people know the law better and ask the public security organ to issue a certificate of not filing a case, the public security organ will register for the initial investigation, but in the end it will issue a certificate of not filing a case to everyone. In some places, under the pressure of many parents of students, they asked the public security organs to help them find out the case, but in the end they were classified as civil cases. I suggest you take a civil lawsuit.
Second,
Find the education department to handle it, find the education department to get the legal person and shareholders back and let them refund. To tell the truth, some educational institutions do refund in this way, but most educational and training institutions do not refund, so parents of students have been gathering in front of the education department and even pulling banners, but in the end it is of no help. Some staff in the education department are more responsible, so they coordinate with other non-disciplinary training institutions in their jurisdiction to accept some students free of charge and let them change their courses. Personally, I think this is very good, and some staff in the education department will certainly praise this practice.
Third,
The parents of the third kind of students, considering that they don't have much money, choose to give up and feel unlucky.
Fourth,
Bringing a civil lawsuit to the people's court is more for the pursuit of truth and fairness by these parents. To be honest, it is possible that some parents will encounter some obstacles when filing a case in court. The court will not file a case for the time being, but will file a case in the future, but inform parents that they may win the case and can't get the money back. Before filing a case, they must sign a letter of commitment. What this article wants to tell you is whether it is necessary to choose litigation to safeguard your rights and how litigation can maximize your rights.
First of all,
Is it necessary to hire a lawyer? In fact, this problem is very simple, because this kind of lawsuit is very simple, but it takes time. If you have enough time, you can take the lawsuit yourself, and there is no need to hire a lawyer. If I am busy, I still suggest hiring a lawyer. This kind of case is mainly about execution. As for whether it is necessary to hire a lawyer to execute it, please continue to look at the back.
Second,
Is it necessary to file a lawsuit? My personal suggestion is that there are many chain education and training institutions, the registered capital is not very high, and the shareholders' capital contribution is also in place. It is not recommended to go to court because there is a high probability that you will not get the money after going to court. However, for that kind of small organization, where there are many shareholders and the capital contribution is not in place, I suggest litigation, because after winning the case, the additional shareholders can become executors, so the probability of getting the money is relatively high. If the capital contribution is in place, it depends on whether the shareholders have any behavior that harms the interests of the company (whether there are unrecorded charges, etc.). ), large chain education and training institutions can also be considered.
Third,
How to maximize rights protection? The biggest possibility of recovering this money is to add shareholders to become executors. Only in this way can we get the money back, so can we consider suing directly in the lawsuit? If the court files a case, it is allowed to file a lawsuit together. If it is not allowed, it can also be added in the execution. About the addition in the realization, it involves a more professional point. At this time, you can consider hiring a lawyer or solving it yourself. But what I want to say is that as long as the case is in the execution stage, the legal representative will be restricted from high consumption, and the legal representative still has some influence.
Case:
My client three
D Wa's son signed up for training in an education and training institution. Later, because the training institution ran away, there was no way to refund the fee. He chose the lawsuit, and finally the court supported all the claims.
The end said:
under the circumstances
The litigation results are basically the same, but the final execution may vary widely, because whether additional shareholders can be added is the key to execution.