1. Who will bear the legal costs of debt prosecution?
The lawyer's fee for debt prosecution shall be borne by the client. In property litigation, the calculation method of litigation acceptance fee is to pay by installments in proportion. Lawyer fees are negotiated by the parties and lawyers, which varies from place to place.
The ordinary procedure takes six months, and the summary procedure takes three months to get the verdict. After getting the judgment, you can apply for enforcement.
legal ground
Measures for payment of litigation acceptance fees
Thirteenth case acceptance fees shall be paid according to the following standards:
Property cases shall be paid in installments according to the amount or price claimed by the lawsuit;
1, not exceeding 1 ten thousand yuan, and each piece shall be paid to 50 yuan;
2, more than100000 yuan to100000 yuan, pay by time;
3, more than 6,543,800 yuan to 200,000 yuan, pay by 2.
Second, what is the process of debt dispute prosecution?
1. The people's court hears civil cases in public, except those involving state secrets, personal privacy or otherwise provided by law. The parties concerned will be informed of the cases decided to be heard in court three days before the hearing. Divorce cases and cases involving commercial secrets may be heard in private upon the application of the parties.
2. The trial can be roughly divided into several stages, such as court investigation, court debate and appraisal, and sentencing. If you apply for withdrawal, you need to explain the reasons. If you don't apply or your application is rejected, the trial will continue.
3. In the court investigation stage, the presiding judge or judge will organize both parties to give evidence and cross-examine their respective requests and claims in order. Cross-examination means that the parties question, explain and refute the authenticity, relevance and legality of the evidence, as well as whether the evidence has probative force and its size.
4. In the court debate stage, the presiding judge or judge will organize both parties to express their opinions around the focus of the dispute and the facts and legal responsibilities of the whole case.
5. In the stage of deliberation and sentencing, the collegial panel or judge will summarize the trial, comment on the opinions expressed by both parties, show whether they support it or not, and explain the reasons.
6. If the plaintiff refuses to appear in court after being summoned by the court without justifiable reasons, the court may dismiss the prosecution; If the defendant counterclaims, he may make a judgment by default.
7. As a party, at any stage of litigation before the verdict is pronounced, it may settle with the other party or request the people's court to preside over mediation. If the mediation is not agreed or no mediation agreement is reached, the people's court will continue to hear and make a judgment.
In real life, if this kind of money is not returned, it can be recovered through civil litigation. However, it should be reminded that if the debt is not repaid, after bringing a lawsuit to the people's court, a lawyer will be entrusted to handle the relevant case on his behalf. At this time, the attorney's fee will be borne by the entrusting party, but some people's courts also decide that the losing party will bear it.