1. Who will pay the legal fees for suing others for repaying money?
The people's court shall make a judgment if it sues others for defaulting on the lawyer's fees. When there is a debt dispute. The plaintiff usually requires the defendant to bear the legal costs when suing. How to bear the legal fees should be stipulated in principle by the losing party according to the different circumstances of the case. Lawyers' fees shall be implemented under the following circumstances:
(1) Laws and judicial interpretations clearly stipulate that the losing party shall bear the reasonable attorney's fees of the winning party, such as legal aid cases, copyright infringement cases, trademark infringement cases, patent infringement cases, unfair competition cases, litigation cases in which creditors exercise their cancellation rights in contract disputes, and security rights litigation cases.
According to the principle of freedom of contract, as long as both parties agree in the contract that the lawyer's fee shall be borne by the losing party, then in the process of prosecution or arbitration, the litigation request about lawyer's fee will generally be supported. The court's examination of this agreement is very strict. The plaintiff must submit the entrustment contract signed with the law firm and the lawyer's fee invoice issued by the law firm as evidence to pay the lawyer's fee.
Second, what materials should be prepared to sue for debt disputes?
(1) evidential materials to prove the qualifications of the parties.
1. If the party is a natural person, it shall submit identification materials such as ID card, household registration book and household registration certificate of the public security organ.
2. If the party is a legal person or other organization, it shall submit a copy of the industrial and commercial business license issued by the industrial and commercial registration authority or the main registration materials such as the industrial and commercial registration list, the registration certificate of the corporate association, and the organization code certificate.
3. If the name of the party changes after the legal relationship of litigation changes, the registration materials for change shall be submitted.
(2) evidential materials to prove the existence of the loan relationship, loan contracts, loan agreements, IOUs, IOUs, repayment commitments, etc.
(three) evidence that the loan has been paid off, and the receipt or payment voucher for repayment of principal and interest in installments.
(4) Basis for calculating the amount of litigation request, providing the calculation list of the principal and interest amount required to be paid in the litigation request, including the calculation list or voucher of the principal balance, the calculation list or voucher of the interest amount, etc.
(5) Other supporting materials that need to be provided.
The lawyer's fees for loan cases are generally borne by the losing party. In order to succeed in the case, we must provide sufficient conditions, reasons and corresponding evidence. Fact-driven success is the real success, and the more detailed the materials submitted, the better.
At present, if there is a case of private lending in China, both parties can reach an agreement on the problem of privately owing money. If both parties can't reach an agreement through consultation, they can also solve it through litigation, but at the same time, it needs to be reminded that the lawyer's fees are usually borne by the plaintiff, mainly subject to the court's decision.