Dear customer:
In order to fully protect your legitimate rights and interests, make you aware of the risks in litigation, and facilitate your careful choice of litigation means to resolve disputes, we hereby inform you of your litigation risks and risk liability as follows:
First, the prosecution does not meet the conditions.
The people's court will not accept a lawsuit brought by a party that does not meet the conditions prescribed by law, and even if it does, it will reject the lawsuit. If the prosecution of the parties does not meet the requirements of jurisdiction, the case shall be transferred to the people's court with jurisdiction.
Second, this statement is not appropriate.
The claims made by the parties shall be clear, specific and complete, and the people's court shall not hear the claims that have not been made. The claims made by the parties shall be appropriate, and the scope of the claims shall not be expanded at will; Without the support of the people's court, the parties will have to bear the corresponding litigation costs.
3. Change the claim within the time limit
Any increase, change or counterclaim of the litigant's claim shall be put forward within the time limit of proof, and the people's court will not hear it after the time limit, which will also lead to the risk of being regarded as giving up the right.
4. Failure to pay legal fees on time
If the plaintiff sues, increases the claim or the defendant counterclaims, and the parties apply for preservation, and fail to pay the legal fees and preservation fees on time, it will lead to the risk of automatic withdrawal or rejection of the application.
Verb (abbreviation of verb) fails to provide evidence or the evidence is insufficient.
When the plaintiff files a lawsuit or the defendant counterclaims, it is the responsibility to provide evidence to prove the facts on which his claim is based or to refute the facts on which the other party's claim is based. If there is no evidence or insufficient evidence, the party with the burden of proof shall bear the adverse or even losing consequences.
Six, the risk of providing evidence after the deadline.
If evidence is provided beyond the time limit for adducing evidence, the evidence shall not be presented and cross-examined in court (except with the consent of the other party) and shall not be regarded as conclusive evidence. The evidential party who exceeds the time limit for adducing evidence shall bear the risk that the facts claimed cannot be ascertained or even lost.
7. Risk of not providing original evidence.
When providing evidence to the court, it shall provide the original or the original. If the evidence is formed abroad, the corresponding proof procedures should also be performed, otherwise the evidence is invalid.
Eight, the risk of witnesses not appearing in court.
If witness testimony is provided, it shall be provided within the time limit for providing evidence, and the witness shall testify in person (except in the case of legal inability to appear in court), otherwise the witness testimony shall be rejected.
Nine, did not apply for the risk of property preservation
If the plaintiff does not apply to the people's court for property preservation in the course of litigation, there may be a risk that even if he wins the case, there will be no property available for execution; When applying for property preservation before litigation, the plaintiff shall provide property guarantee. If no property guarantee is provided, the people's court shall not approve the application for property preservation.
Ten, do not apply for audit, evaluation and appraisal.
If the party applying for audit, evaluation and appraisal fails to apply within the prescribed time limit as required by the notice of proof, or fails to pay the audit, evaluation and appraisal fees in advance, or fails to provide relevant materials and perform relevant assistance obligations, it will bear the responsibility of being unfavorable or even losing the case.
Eleven, do not apply to the court for investigation and evidence collection.
If the party applying for court investigation and evidence collection fails to submit a written application within the prescribed time limit as required by the notice of proof, it will bear the responsibility of being unfavorable or even losing the case.
12. Failing to appear in court on time or withdrawing from court halfway.
If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, the people's court will automatically withdraw the prosecution; If the defendant files a counterclaim, the people's court will try the counterclaim in absentia. If the defendant refuses to appear in court without justifiable reasons after being summoned, or withdraws from court without the permission of the court, the people's court will make a judgment by default.
Thirteen. The whereabouts of one party is unknown.
If a party's whereabouts are unknown before or during the litigation, there is a risk that the people's court will suspend the litigation or be unable to execute it after winning the case.
14. One party has no property.
If one party has no property, it will lead to the risk that the property preservation cannot be realized and the preservation fee cannot be refunded, and it will lead to the risk that the rights determined in the court judgment documents cannot be realized because there is no property to enforce.
15. The service address is not provided accurately.
In a case tried by summary procedure, when the people's court serves the litigation documents according to the address provided by the parties themselves, if the address provided by the parties is inaccurate or the people's court is not informed of the change of the address in time, the people's court can't serve it, and it is also regarded as service.
Sixteen, no property or property is not enough to implement.
If the person subjected to execution has no property or the property is insufficient to fulfill the obligations specified in the effective legal documents, the people's court may suspend the execution of the unfulfilled part, and the property rights and interests of the person applying for execution may be temporarily or completely unrealized.
Seventeen, overdue appeal or overdue application for execution.
If a party refuses to accept the written ruling or written judgment that the law gives him the right of appeal, he shall appeal to a higher court within the time limit in accordance with the provisions of the procedural law. If he fails to appeal within the time limit, he shall be deemed to have given up exercising his rights. The parties concerned shall, in accordance with the provisions of the Procedural Law, apply to the court for compulsory execution of legally effective judgment documents with performance contents such as payment, and if they fail to execute them within the time limit, they shall be deemed to have waived their right to apply for enforcement.
Eighteen, do not perform the obligations specified in the effective legal documents.
If the person subjected to execution fails to fulfill the obligation to pay money within the period specified in the effective legal document, he shall pay double interest on the debt during the period of delay in performance. If the person subjected to execution fails to perform other obligations within the period specified in the effective legal document, he shall pay a late fee.
19. Making false statements to lawyers.
The parties shall state the case to the lawyer completely and truthfully. If the parties fabricate facts or conceal the truth, there is a risk that lawyers will make wrong judgments on the case and lead to losing the case.