-Pay back the money. Pay back the money you owe. Although others owe you money, this is not the reason why you don't pay back the money against the wine merchants. The law will not support you.
2. I went to see them because of this wine, and I also spent thousands of dollars on travel and use fees. Who should pay for this fee?
-Xie Mou, Ran Mou and should supply you. But it depends on whether it is necessary, otherwise it is necessary for you to take a trip to other people's places, and others can't stand it.
3. Who should I sue if I want to sue? Is it Xie Mouran or a nightclub in Shuicheng?
-Better sue them all. It is possible that Shuicheng will finally argue that it has nothing to do with itself, but from what you said, Shuicheng admits that they want wine, but they don't want to give you any more money because they have already given it to Ran. This is evidence in your favor. They took the wine, but they didn't give you money.
4. If I can get the total memories of Xie and Ran and me, can it be strong evidence? Because they all admitted it on the phone.
Recording is only auxiliary evidence, and it can also be used. Don't you have the signatures of Ran and Chen Mou? Better use this. In addition, at the court, the judge or lawyer will ask the relevant personnel, and their words are also evidence.
5. How much will it cost if I sue?
-The standard of attorney fees is as follows:
Litigation fees mainly include three types: case acceptance fees, application fees and other litigation fees. The case acceptance fee can be divided into property case acceptance fee and non-property case acceptance fee.
Fees for accepting property cases.
I. Fees for accepting property cases The fees for accepting property cases shall be paid according to a certain proportion of the amount of disputed property. The law has clear and strict provisions. Here, I provide you with a quick calculation formula.
50 yuan under 65438+0,000 yuan/piece.
1 0,000 yuan to 50,000 yuan× 0.04+10 yuan.
50,000 yuan to 6,543.8+10,000 yuan × 0.03+565.438+00 yuan
65438+ 10,000 yuan to 200,000 yuan× 0.02+1510 yuan.
200,000 yuan to 500,000 yuan× 0.015+2510 yuan.
500,000 yuan to 6,543.8+0,000 yuan × 0.0 1+50 10 yuan.
Exceeding 1 ten thousand yuan × 0.005+ 100 10 yuan.
Third, the application fee
The application fee refers to the fee that the parties should pay when applying to the people's court for execution and taking property preservation measures. It mainly includes two categories:
1, application execution fee:
If the execution amount is less than 1 10,000 yuan, each piece shall be paid to 50 yuan, 0.5% for the part exceeding 1 10,000 yuan, and 0. 1% for the part exceeding 500,000 yuan.
Fourth, other litigation costs.
Other litigation expenses refer to the expenses actually paid in the course of litigation that should be borne by the parties. It mainly includes: (1) inspection fee, appraisal fee, announcement fee and translation fee;
(2) Transportation expenses for witnesses, expert witnesses and translators to appear in court. Accommodation, living expenses and lost time; (3) the actual expenditure in the implementation process.
Verb (abbreviation for verb) Prepayment of litigation costs
If you are the plaintiff in a civil case of first instance, you should pay the legal fees within 7 days from the day after receiving the notice from the court to pay the legal fees. If you don't pay the legal fees on time, the court will dismiss the lawsuit and your case will not be heard. The application fee shall be paid in advance by the applicant when applying. Other litigation expenses shall be determined by the people's court according to the specific circumstances of the case.
6. Delay, reduction or exemption of legal fees.
In order to fully ensure that citizens can get legal relief, China's laws specifically stipulate the postponement, reduction and exemption of legal fees. To postpone or reduce the legal fees, the parties shall submit a written application and explain the reasons, and submit the certificate of the village, township or sub-district office where their household registration is located. In addition, in cases where alimony, alimony, alimony, pension and labor remuneration are requested, the plaintiff may not pay the case acceptance fee in advance, which shall be borne by the losing party when the case is concluded.
Seven, the burden of litigation costs
What I said above is the advance payment of litigation fees. Who will bear the final expenses can only be determined after the trial of the case. Generally speaking, the litigation costs of first-instance cases shall be borne by the losing party. Attention should be paid to the following special circumstances of bearing legal fees:
1. If one party wins the case and the other party loses, both parties shall bear the responsibility in proportion.
2. Cases that reach an agreement through mediation shall be borne by both parties through consultation.
3, withdrawal, shall be borne by the plaintiff, but charged by half; The plaintiff shall bear the case of dismissing the prosecution.
4. The application execution fee and the actual expenses incurred in the execution process shall be borne by the respondent.
5, the burden of litigation costs of second-instance cases and retrial cases are:
(1) The appellant shall bear the case in which the original judgment is upheld on appeal; If both parties appeal, they shall share it; (2) The case of withdrawal after appeal shall be borne by the appellant;
(3) The burden of litigation costs in the first instance should be adjusted according to the principle of burden in the first instance after the second instance is amended;
(4) After reaching an agreement through mediation, both parties shall negotiate and bear the burden;
(five) if the people's court remands the case for retrial, it shall reduce the litigation costs according to law if it thinks that the judgment of the original trial is indeed wrong in ascertaining the facts and applying the law.
I remind you:
1. If the legal fees you pay in advance exceed the amount you should bear, you should go to the court to ask for a refund after the case is heard.
2, the parties shall not appeal to the people's court's decision on litigation costs alone.
6. It is said that the lawyer's fee was paid only after winning the lawsuit, right?
Not necessarily. It depends on how you discuss it with your lawyer.
7. Xie and Ran are from Guiyang. Now both of them are in Zunyi. Where should I sue?
This is a contract dispute, either in the defendant's place or in the place where the contract is performed. But this is an oral contract and it is not applicable to the place of performance.
Relevant regulations:
If the parties agree on jurisdiction over a lawsuit arising from a contract dispute, such agreement shall prevail.
Three, the parties have no agreed jurisdiction, usually by the people's court of the defendant's domicile or the place where the contract is performed. The specific place of performance of the following contracts is:
1, performance of sales contract
(1) If the place of performance is clearly stipulated in the contract, the agreed place of performance shall be the same place of performance; Where only the place of delivery is agreed, the place of delivery shall be the place of performance of the contract.
If the place of performance and the place of delivery are not agreed or clearly agreed, or if there is an agreement but the goods are not actually delivered, and the domiciles of both parties are not at the place of performance as agreed in the contract, as well as cases of oral purchase and sale contract disputes, the jurisdiction of the case shall be determined in case of non-performance.
(2) Where the actual place of performance of the purchase and sale contract is inconsistent with the delivery place agreed in the contract, the actual place of performance shall be the place of performance of the contract.
Consult a lawyer for details. But the amount is not large, and there may not be any lawyers interested in this kind of case.