Tips for litigating contract disputes
Tips for litigating contract disputes. Law is integrated with each other in our lives or work. Generally speaking, we encounter many difficult-to-solve matters that can actually be resolved through To solve the problem through legal means, let’s learn about the tips for litigating contract disputes.
Tips for litigating contract disputes 1
(1) Litigating contract disputes has the following steps:
1. Collect evidence and base on the plaintiff’s claims , that is, what you want from the other party to collect evidence;
2. To sue, both parties need to provide information and evidence;
3. Waiting for the hearing, the judge will understand the situation of both parties. The judge will understand the situation of both parties, the facts of the case, the evidence of both parties, cross-examination, court investigation and pending judgment.
According to the provisions of the Civil Procedure Law, types of evidence
Evidence includes:
(1) Statements of the parties: (1) Statements of the parties; 2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal conclusions; (8) Investigation records.
Format of the indictment
The indictment should be filed with the People's Court, and copies should be filed according to the number of defendants. If it is difficult to write a written indictment, you can file an oral complaint. The people's court shall make a transcript and inform the other party.
Indictment
The indictment shall state the following matters:
(1) Plaintiff’s name, gender, age, ethnicity, occupation, workplace, and residence , contact information, the name, domicile, legal representative or principal responsible person's name, position, and contact information of a legal person or other organization;
(2) The defendant's name, gender, age, ethnicity, occupation, Work place, residence, contact information.
(2) The name, gender, work unit and residence of the defendant, and the name and residence of the legal person or other organization;
(3) The litigation claim and the facts and reasons on which it is based;
(4) Evidence and sources of evidence, names and addresses of witnesses.
2. Contract disputes are troublesome to litigate.
Litigation is troublesome. For contract disputes, it takes approximately 6 months. Plaintiffs are expected to appear in court frequently. Litigation is risky, so both parties should negotiate on their own. The litigation fees that parties should pay to the People's Court include (1) case acceptance fees; (2) application fees; (3) transportation and accommodation fees for witnesses, appraisers, translators, and public assessors to appear in court on the date designated by the People's Court. , living expenses and lost work allowance. According to the Civil Procedure Code.
3. How long does it usually take to litigate contract disputes
Contract disputes refer to the disputes between the parties arising from the validity, interpretation, performance, modification, and termination of the contract. contract disputes. The main content of contract disputes is that the parties to the dispute have different views and opinions on the legal facts that lead to the occurrence, change and elimination of the contractual legal relationship. The scope of contract disputes covers the entire process from contract establishment to contract termination.
Contract disputes can be divided into negotiation, arbitration and litigation. So when you choose litigation, that is, when you file a lawsuit, how long does it usually take? According to Article 136 of the Civil Procedure Law, when hearing a civil case, the people's court shall notify the parties and other litigation participants three days before the hearing. If the trial is held in public, the names of the parties, the cause of the case, and the time and place of the hearing shall be announced. According to Article 149 of the Civil Procedure Law of the People's Republic of China, cases heard by the People's Court using ordinary procedures must be concluded within six months from the date of filing the case.
If there are special circumstances that require an extension, it can be extended for six months with the approval of the president of this court; if it still needs to be extended, it should be submitted to the superior people's court for approval. Article 161 stipulates that cases tried by the People's Court using summary procedures shall be concluded within three months from the date of filing the case. Therefore, how long a lawsuit can last depends mainly on the complexity of the case, but it generally does not exceed 6 months.
Litigation Tips for Contract Disputes 2
When a contract dispute occurs, the parties can resolve it through negotiation first. If the negotiation fails, they can file a lawsuit in court to safeguard their legitimate rights and interests.
First, you must prepare the complaint and all evidentiary materials, including contracts, evidence, etc., to prove the fact that the other party has breached the contract.
If the other party has a 'breach of contract', it is necessary to collect evidence around the other party's breach of contract. After the materials and evidence are ready, you need to go to the filing hall of the court in your jurisdiction to file the case. After filing the case, wait for the court's notification, and attend the court hearing on time according to the court's notification time. Liabilities in contract disputes generally include:
(1) Continue to perform the contract; (2) Pay liquidated damages; (3) Compensate for losses. When suing, choose the lawsuit that is most beneficial to you.
2. How long does it take to litigate a contract dispute?
Under normal circumstances, it is 6 months. According to the relevant provisions of my country's "Civil Procedure Law", the hearing period for first-instance civil cases heard by the People's Court using ordinary procedures is 6 months; there are special circumstances where it is necessary If it is extended, it can be extended for 6 months with the approval of the president of this court; if it needs to be extended, it must be reported to the superior court for approval; the trial period for cases subject to summary procedures is 3 months. If it cannot be extended, if the trial is within 3 months If the case cannot be extended, if the case cannot be concluded within 3 months, the case will be transferred to ordinary procedures and continued.
Article 149 stipulates that when a People's Court applies ordinary procedures to hear a case, it shall conclude the case within six months from the date of filing the case. If there are special circumstances that require an extension, it can be extended for six months with the approval of the president; if it still needs to be extended, it must be reported to the people's court at the next higher level for approval.
Article 161 stipulates that when a People’s Court applies simplified procedures to hear a case, it shall conclude the case within three months from the date of filing the case.
3. Objective reasons for contract disputes
From the conclusion to the completion of a contract, in addition to immediate resolution, it often takes a long process. During the performance of a contract, there may be some objective reasons that cause the contract to be unable to be performed as agreed, thus causing disputes. The objective reasons mentioned here refer to the reasons why the subjective wishes of the parties to the contract are affected by non-contractual factors and are forced to do so, resulting in disputes arising from changes in the performance of the contract.
For example, force majeure occurs during the performance of a contract, resulting in the inability to perform all or part of the contract. Disputes arise when the parties disagree on the scope of force majeure, whether the party suffering the force majeure has taken measures to prevent the expansion of losses, and whether the contract cannot be performed due to force majeure. Thirdly, because the parties did not consider thoroughly when entering into the contract, problems such as unclear performance location and unclear quality specifications may arise during the performance of the contract. Disputes may arise when an agreement cannot be reached through negotiation.
Contract disputes sometimes arise due to purely subjective reasons, sometimes due to purely objective reasons, and sometimes there are both subjective and objective reasons. In the final analysis, the occurrence of contract disputes violates the original intention of the parties in entering into the contract, unless one party intends to deceive the other party. Profit from disputes. Disputes will inevitably arise during the performance or even termination of a contract. What matters is how to effectively resolve disputes after they occur.
Tips for litigating contract disputes 3
How do contract dispute lawyers charge
It depends on the region where the case occurs, the amount of the dispute, and the complexity of the case. Depending on the type of lawyer and the level of the lawyer, there are certain differences in the charging standards of contract dispute lawyers. You can consult the relevant lawyer directly. The following are attorney fees in some areas.
1. Lawyer fees for contract disputes in Shandong Province
(1) Those not involving property relations: 800 yuan to 10,000 yuan per case;
(2) If property relations are involved: a basic service fee of 1,000 yuan to 2,000 yuan will be charged for each item. If the subject property of the dispute exceeds 10,000 yuan, the calculation shall be carried out step by step according to the following proportions. < /p>
3% to 4% for the portion of 1,000,001 yuan to 5,000,000 yuan.
3% to 4% for the 5,000,000 yuan portion
3% to 4% for the 1,000,001 yuan-5,000,000 yuan portion
2% to 3% for the 5,000,001 yuan-10,000,000 yuan portion
1% to 2% for the portion between RMB 10,000,001 and RMB 50,000,000
0.5% to 1% for the portion above RMB 50,000,001
2. Yunnan Province Contract Dispute Lawyer Fee Standards
(1) If there is no property relationship involved and piece-rate charging is implemented, the charge per piece shall not exceed 7,000 yuan.
(2) If property relations are involved, cumulative charges will be calculated in proportion to the subject matter. In addition to the basic service fee not exceeding 7,000 yuan per case, the cumulative charges will be calculated based on the subject matter of the dispute in proportion not exceeding the following subject matter.
There is no charge for the amount of the disputed subject matter within 100,000 yuan.
5% for the amount of 100,000-500,000 yuan.
500,000-1 million yuan 4% for the portion in RMB
No fee for the portion between RMB 1 million and RMB 5 million
More than 0.5%
3. Ningxia Contract Dispute Lawyer Fees
p>(1) Case-based charges
1. Case-based charges for civil cases that do not involve property relations: RMB 500-5,000 per case.
2. Civil cases involving property relations are charged cumulatively on a case-by-case basis within the specified proportion according to the amount of the subject matter in dispute:
Charging standards for the amount of the subject matter in dispute
Case handling fee of less than 10,000 yuan (including 10,000 yuan) 500-2,000 yuan
10,000 yuan to 100,000 yuan (including 100,000 yuan) 5%～-6%
10 Ten thousand yuan to 500,000 yuan (including 50, 4% to 5%
500,000 yuan to 1 million yuan (including 1 million yuan) 3% to 4%
1 million yuan ~ 5 million yuan (including 5 million yuan) 2% ~ 3%
500,000 yuan ~ 10 million yuan (including 10 million yuan) 1% ~ 2%
10 million yuan 0.5%-1% above
3. If there is a counterclaim in the litigation case, the counterclaim acceptance fee will be reduced based on the amount of the counterclaim
(2) Hourly charge
Charging standard: Within the standard of 50-1,000 yuan per hour of work, it is determined by the law firm and the parties through negotiation.
The economic development levels of different regions in our country are different, which leads to contract disputes in different regions. Lawyers' charging standards are also different. The above author mainly summarizes the charging standards of contract dispute lawyers in three regions for your reference only.