Chapter 225: School Examination

Huang Bo nodded lightly from time to time after hearing this, this situation is a high probability event at the moment.

Li Chao then analyzed: "If the first judgment does not allow a divorce, then Li Xiaojun can transfer property unscrupulously.

After the verdict, if he sells the last house, Huang Yulan will be empty. In the end, Huang Yulan will probably not even get a dime.

So the key to this case is to convince the court to carry out property preservation, which is a difficult task. Li Chao finally concluded.

Huang Bo's young face full of pimples was also full of solemnity, and he agreed: "It is really difficult to get the court to preserve property. ”

Li Chao swept away the previous solemnity, raised his eyebrows, and said confidently and affirmatively: "No matter how difficult it is, you need to try, let's do our best to convince the court!" ”

Sure enough, the next day Li Wenjing called in tears, and she went to the public security organ to apply for a case, but the public security organ refused to file the case on the grounds that Shenpeng was not the place where the crime occurred, and then refused to file the case on the grounds that Li Wenjing and Li Xiaojun were father and daughter.

Li Chao directly made a phone call to the legal department of Alibala Company, told Li Xiaojun about the loan in the name of Li Wenjing, and asked Alibala Company to apply for case filing and investigation.

It is best for the bank to apply for the filing of a loan fraud case, in which case the public security organs will not shirk the case and will pay more attention to actively investigating the case.

The staff of the legal department of Alibala Company replied that the relevant situation has been recorded, and will be reported to the leadership, waiting for the leader to make a decision.

Li Chao didn't want to get involved in Li Wenjing's affairs. To be honest, Li Chao didn't sympathize with Li Wenjing very much in his heart, when Li Xiaojun was rich and spent all his time drinking, as a daughter, she didn't help her mother, nor did she blame her father.

On the contrary, because Li Xiaojun gave her living expenses, she was very affectionate to Li Xiaojun. Now that Li Xiaojun has fallen on her head, she reluctantly resists, so this kind of person is not worthy of sympathy.

Three days later, Li Wenjing returned to her hometown to continue to work, and when Li Wenjing's matter was not listed, Huang Yulan came to Li Chao again with the marriage certificate and other evidence materials around her. Ask Li Chao to help him file the case.

In order to train Huang Bo, Li Chao asked Huang Bo to draft the indictment.

Huang Bo drafted the complaint and handed it to Li Chao for review. Li Chao took a look at it and found that the facts and reasons were basically mentioned, and there were four points written in the litigation claims: first, the plaintiff requested a divorce from the defendant;

2. The joint property of the husband and wife, the C1872 house of Dongfang Xindi in Shannan District, is owned by the plaintiff Huang Yulan. Other joint property of husband and wife shall be divided in accordance with law;

3. The defendant Li Xiaojun should pay the plaintiff Huang Yulan 100,000 yuan in compensation for economic damages; 4. The defendant shall bear the litigation costs of this case.

Li Chao looked at it and asked instead of saying anything: "Huang Bo, how much is the litigation fee for the divorce case?" ”

Huang Bo replied without hesitation: "The litigation fee for divorce cases is charged on a case-by-case basis, with 50 to 300 yuan per case. The court in Shenpeng generally charges 300 yuan per piece. ”

Li Chao smiled faintly and reminded: "Huang Bo, what you are talking about is the general situation. However, the Measures for Payment of Litigation Costs have special provisions for divorce cases involving the division of property. ”

Huang Bo was reminded by Li Chaoyi, thought about it and hurriedly said: "Yes, yes, senior brother, there is such a rule." In divorce cases involving the division of property, where the total amount of property does not exceed 200,000 yuan, the litigation fee shall not be paid separately; The part exceeding 200,000 yuan shall be paid at 0.5%. ”

Li Chao looked at Huang Bo and asked with a smile, "Do you know now what the problem with the complaint you wrote?" ”

Huang Bo's face turned red, and he nodded excitedly. Directly pointed to the third item of the lawsuit and said, "Senior brother, there is a problem here. I wrote that the house in Shannan District is owned by the plaintiff, which involves the division of property, and the house in Shannan District is now 50,000 square meters, and the house is worth at least 2 million, so you need to pay an additional legal fee of more than 9,000 yuan. ”

Huang Bo is really smart, and he can find out the problem as soon as he clicks.

Li Chao nodded appreciatively, he had no experience in practice, and many times he did not consider it comprehensively, which is human nature. But it doesn't take long to understand the problem. This shows that Huang Bo's su zhì is hard enough.

"Huang Bo, what do you think should be changed?" Li Chao asked with a smile, he intended to consider Huang Bo's legal skills again.

Huang Bo picked up the pen and directly revised the draft complaint, amending the third item of the claim to "divide the joint property of the husband and wife in accordance with the law".

Li Chao smiled and nodded, "Not bad." If you change it in this way, the amount of the subject matter of the property that needs to be divided is uncertain, and the court can only charge the litigation fee according to the standard of 300 yuan per piece, which well avoids the problem of paying additional litigation fees.

In this case, it is uncertain whether the court will grant a divorce, and Huang Yulan's own economic conditions are poor, so she will spend nearly 10,000 yuan if she is alone. In the end, if the result is not ideal, then she will lose a lot.

As lawyers, we need to make full use of our legal skills to minimize Huang Yulan's expenses. When you represent similar cases in the future, you should consider these details. ”

Li Chao's teachings made the intention very clear, Huang Bo listened to it with a look of admiration, and praised: "Senior brother, you are still thoughtful, I will definitely pay attention to these details in the future." ”

Huang Bo can comprehend, and that is not in vain for his teachings. Li Chao continued to explain the task, "You draw up a catalogue of evidence." ”

Huang Bo hurriedly collected Huang Yulan's ID card, marriage certificate, mortgage loan contract, medical records of hospitalization after suicide, and other materials, and bound them into a book to prepare a catalogue of evidence.

Huang Bo prepared a catalogue of evidence and submitted it to Li Chaomu. Li Chao looked through it and said, "You have collected most of the evidence. But, Huang Bo, don't you think there is still some evidence missing? ”

After Huang Bo thought about it, he replied calmly: "Well, there is indeed a lack of some evidence, first of all, the household registration book is missing, and this will have to wait for Huang Yulan to return to her hometown to retrieve it."

Secondly, there is also a lack of information on the two houses in Buji Sunshine Community, which will be filed, and then we will go to the Housing Authority to obtain the corresponding property rights and transaction records. ”

Huang Bo is very well ill-explained, and the lack of evidence for the pointer to suggest a solution is quite good.

However, Li Chao was not satisfied, and there was still a fatal flaw in the evidence submitted by Huang Yulan, which was likely to lead to the court's inadmissibility.

Perhaps it is precisely because this question is too basic that Huang Bo didn't notice it. Judging from Huang Bo's appearance, Li Chao found that he had a high level of understanding and was diligent in his work, but there was a flaw, that is, he was not rigorous enough.

As a lawyer, the most important thing is to be rigorous, and Huang Bo needs to be further sharpened.

Li Chao first nodded, then shook his head and said: "Well, you are very right about these two points, but there is still a basic evidence that is neglected in the evidence catalog, you can think about it yourself." (To be continued.) )xh118R1052