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How much amount of wrong money can be put on file

Although domestic laws are not clear about the criteria for filing transfer disputes, detailed transfer records and bank card details can be used as evidence. Property preservation shall be applied for when large amount of funds are involved. The party concerned has the right to recover the money transferred by mistake, but the confidentiality of the bank's personal information may hinder the access to identity. In case of misdirection, call the police in a timely manner and seek assistance from the police. If the other party does not return the money, it may constitute "unjust enrichment", and the transferor can protect its rights through civil proceedings. Note that disputes over unjust enrichment are under the jurisdiction of the basic court in the place where the defendant is located or where he/she often resides, and the cost of cross city litigation is high. #Litigation and arbitration 1190 readings
Whether the creditor's rights can be transferred in the executed cases

Under the current laws and regulations of China, the parties involved in the implementation phase are identified as clear subjects enjoying rights and undertaking obligations based on effective legal documents. The third party not listed in the document has no right to participate in the implementation, nor does it have corresponding rights or obligations. The execution party refers to the obligee and responsible person specified in the document. The transfer of creditor's rights of the applicant for enforcement does not affect the position of the assignee, and its direct impact on the enforcement procedure is limited to the original applicant. #Litigation and arbitration 1011 readings
How to appeal against the sentence of the people's court

Those who dissent from the judgment of the people's court may appeal. The defendant, private prosecutor and their legal representatives have the right of appeal against the judgment of first instance, with a time limit of five days; The defendant's lawyer or close relatives may also appeal with consent. The parties to an incidental civil action may also appeal against the relevant dispute within a similar period of time. The victim and his legal representative may request the procuratorate to protest within five days. The second instance is final, but the appeal will not stop the execution of the original judgment. If it is retried, the execution will be suspended. The appeal period is two years after the judgment comes into effect. #Litigation and arbitration 1176 readings
Can you call the police if threatened

The public has the right to call the police when facing a threat to personal safety. According to the Law of the People's Republic of China on Administrative Penalties for Public Security, if the act of intimidating others fails to commit a crime, it will be warned or fined; If the circumstances are serious, detain and fine. However, those who use the Internet to issue insulting or threatening remarks to seriously disrupt order may commit the crime of provoking trouble, with a maximum sentence of five years. Acts of intimidation with bad circumstances, such as repeated intimidation, threatening specific groups with lethal weapons, and causing serious consequences, will be sentenced to a crime, up to fixed-term imprisonment, criminal detention or public surveillance. Be vigilant and safeguard your rights and interests according to law. #Litigation and arbitration 1132 readings

What is the trial time limit stipulated in the Administrative Procedure Law

According to China's Administrative Procedure Law, the first instance case shall be closed within six months from the date of filing, and may be extended under special circumstances with the approval of a higher court; The time limit for hearing a case of summary procedure is 45 days after the case is filed. The trial of the second instance of an appeal case shall be completed within three months. In special circumstances, it shall be approved by the High Court and reported to the Supreme Court if necessary. All extensions are subject to legal procedures. #Litigation and arbitration 894 readings
Will you still be detained if you are unable to pay the debt dispute

In the case of insolvency, individuals need not worry about the risk of detention. However, if you knowingly refuse to execute the judgment of the court, you will face fines and even detention. Illegal acts include: concealing, transferring or destroying property to impede execution; The guarantor or the person subjected to execution conceals the declared property; The assisting obligor refuses to cooperate; Colluding with state organs to interfere with execution; Those who deliberately fail to implement the executable situation, if the circumstances are serious, will face punishment, such as imprisonment of less than 3 years, detention or fine. #Litigation and arbitration 1455 readings
Is it possible to demolish in case of housing disputes

During the litigation period, the execution of administrative acts is usually not suspended, but the defendant can apply for suspension to avoid serious consequences; The court may, at its discretion, suspend the execution request that may lead to irreversible losses proposed by the plaintiff or interested party. The court suspended the execution based on the judgment of the state and public interest. The government's demolition must be carried out according to law, and individuals can protect their rights and interests through advance notice registration. When collecting collective and individual property, the government shall pay compensation according to law and protect the rights and interests of the requisitioned. The collection process needs to follow legal procedures and safeguards. #Litigation and arbitration 1499 readings
How long is the expiration period of the company's arrears stipulated in the Civil Code

The Civil Code stipulates that the retroactive limitation of the company's arrears is three years, starting from the date of expiration of the performance period, except for special circumstances. If the right has been damaged for more than 20 years, the court will not protect it except under special circumstances. If the entrusted financial management contract stipulates fixed income, it is actually a loan. After the cancellation of the company, the debt treatment depends on the specific situation: shareholders who make false contributions or have insufficient registered capital shall bear joint and several repayment; If the registered capital is sufficient but there is difference, the shareholders shall make up and compensate; The shareholders shall be responsible for the debts of the company within the scope of capital withdrawal due to the weak performance ability of the company due to the deliberate capital withdrawal. #Litigation and arbitration 965 readings

Win the lawsuit Arbitration of disputes arising from the financing consultancy contract

Agent: applicant result: Win the lawsuit

My value: Try your best to win the due consultant fees for the clients! Detailed case>
Win the lawsuit How to deal with the expropriation of houses by non house users- Shanghai Putuo Court - excluding obstruction cases

Agent: plaintiff result: Win the lawsuit

My value: How to deal with the expropriation of houses by non house users- Shanghai Putuo Court - ruled out obstruction cases and won. Detailed case>
Execution in place Disputes over unjust enrichment

Agent: plaintiff result: Execution in place

My value: The payment of 200000 yuan was collected, and the loss was recovered for the party due to the wrong remittance Detailed case>
Win the lawsuit Dispute over the sales contract between Zhu XX and Shi X

Agent: plaintiff result: Win the lawsuit

My value: My value: A legally formed contract signed by both parties of the contract voluntarily has legal binding force on the parties. The parties shall perform their obligations in accordance with the contract, and may not modify or terminate the contract without authorization. The parties may terminate the contract if they reach an agreement through consultation. If the contract has not been performed after it is dissolved, the performance shall be terminated; If the contract has already been performed, the parties may, depending on the performance and the nature of the contract, demand restoration of the original state and other remedial measures, and have the right to claim compensation for losses. In this case, the Contract for Entrusted Supply of Melt blown Fabrics signed by Shi and Zhu is the true intention of both parties, Detailed case>

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