If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated.
The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials.
Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim.
Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages.
After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.
Six, after the completion of the filing procedures, the case shall be arranged by the court, and the parties shall obey the work arrangement of the court, and settle the litigation costs in the financial room after the case is closed.
According to the different service contents, the lawyer's service fee can be charged by piece, by the proportion of the target amount, by time and by the risk agent.
Regular expenses
Conventional charges refer to the level of litigation procedures, that is, the system of "second instance and final adjudication", that is, litigation is divided into two stages: first instance and second instance. After the judgment or ruling of the first instance, if one party refuses to accept it, it may file a second instance, which is final and generally cannot file a lawsuit.
But in reality, there is an execution procedure after the judgment, that is, after the judgment, the other party fails to perform the contents determined in the judgment, and the other party applies to the court for compulsory execution of the other party's property (that is, the usual seizure and seizure of property) in order to realize the contents of the judgment.
Correspondingly, the lawyer's fee also has three stages: the first trial fee, the second trial fee and the execution fee.
It should be noted that the "Government Guidance Price for Lawyer Services in Guangdong Province" does not guide the fees in the implementation stage, so in reality, fees are generally negotiated, or included in the fees of the first and second trials, which is equivalent to exempting fees in the implementation stage.
The "legal fee calculator" of this website adopts the conventional charging mode to calculate.
nonrecurring expense
Lump-sum charge refers to taking charge of the case to the end after charging the fee, that is, charging the fee only once, and being responsible for the first trial, second trial and execution.
The charging standard is appropriately raised on the basis of the first-instance charge in the conventional charging.
Risk cost
Risk charge means that only a small amount of fees are charged before the execution of judgment, mediation and settlement, and higher fees are charged after winning the case or executing the payment.
The charging standard is about 2000- 10000 in the upfront cost, and 10-30% after winning the case.
The above charging methods shall be determined by the lawyer and the client through consultation according to the specific circumstances.
In a word, the way and amount of lawyer's fees are determined by the lawyer and the client through consultation within a certain range.
How to charge for a specific case and how much the lawyer's fee should be determined through consultation with the lawyer.