1. Do you need a lawyer if you don't pay back 40,000 yuan?
You can hire a lawyer or not. It's entirely your own people.
Will, the law does not force the parties to entrust a lawyer, and the plaintiff can ask the defendant to bear the legal costs when borrowing money. How to bear the legal fees should be stipulated in principle by the losing party according to the different circumstances of the case.
Lawyer fees should be introduced in 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.
Basis: Article 13 of the Measures for Payment of Litigation Fees stipulates that the fees for accepting cases shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1, not exceeding 1 ten thousand yuan, and each piece shall be paid to 50 yuan;
2, more than100000 yuan to100000 yuan, pay by time;
3, 654.38+ 10,000 yuan to 200,000 yuan, according to 2%;
4, more than 200 thousand yuan to 500 thousand yuan, pay by time;
5, more than 500 thousand yuan to 6.5438+0 million yuan, according to 654.38+0% payment;
6, more than 6.5438 million yuan to 2 million yuan, pay by time;
7, more than 2 million yuan to 5 million yuan, pay by time;
8, more than 5 million yuan to 6.5438 million yuan, paid according to the facts;
9, more than100000 yuan to 20 million yuan, pay by time;
10, more than 20 million yuan, according to pay.
Second, what if others don't pay back the money?
If you are going to take the judicial route, then the first thing to prepare is the litigation materials, and evidence plays a decisive role in the litigation. In order to realize the creditor's rights, it is best to collect the following evidence:
(1) IOUs Generally speaking, the most powerful evidence of debt collection is IOUs, which are written by the borrower and signed by the other party. They are very effective as written evidence.
(2) In the trial of a witness case, the other party may cross-examine his own evidence. In order to ensure sufficient and foolproof evidence, it is essential to find witnesses. If there are other witnesses when borrowing money, you can find these people to prove your creditor's rights.
(3) The ultimate goal of the other party's property evidence litigation is to get the lent money, but many people will transfer their property to other places in order to avoid debts.
The Civil Procedure Law of People's Republic of China (PRC) requires that prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Lawyer fees vary according to the nature of the case, including the amount involved, and the lawyer fees in different regions are also different. As for whether to hire a lawyer, you can decide according to your own wishes. Of course, legal aid lawyers generally do not charge.