Chapter 209 A Case Without Evidence

"Two two," the boss came back after a while, "my friend said that he didn't know if you were free today, and he wanted to meet with you, the sooner the better." ”

Shen Qianqian glanced at Xiao Siya next to her, Xiao Siya naturally nodded and said it didn't matter, so Shen Qianqian replied happily: "Okay, then trouble him to meet at my house." ”

"Okay, okay, then I'll let him go when you're almost done eating." The boss nodded and agreed, "Now I'll go to the kitchen to urge you first, and let them serve you food quickly." ”

Shen Qianqian and Xiao Siya saw that the boss was very concerned about their friends' affairs, so they just wanted to say something simple this night, and then hurried home.

As soon as they got out of the car, they could see a middle-aged man walking around at the gate of the courtyard from a distance, looking anxiously waiting.

Shen Qianqian took the initiative to greet him first and asked, "Are you a friend of the Chinese restaurant owner?" ”

The middle-aged man heard Shen Qianqian greet him, turned around and hurriedly replied, "That's right, my name is Li Zhongyang." You are the Chinese lawyer that Lao Lu said, right? ”

"Hello, Mr. Lee." Shen Qianqian replied with a smile, handing over her business card, "My name is Shen Qianqian." ”

"Lawyer Shen, I'm going to trouble you this time." Li Zhongyang bowed and asked.

"You don't have to be so polite. I'm also a newcomer, thanks to Boss Lu's help. Since you are a friend of Boss Lu, I naturally want to do my best to help you. Besides, we compatriots in foreign countries should help each other. If you still have to hinder each other, it will be really terrible. Shen Qianqian opened the courtyard door and said, "Then please come with me into the study and talk again." ”

"Okay, okay." Li Zhongyang followed Shen Qianqian into the house.

Xiao Siya, who had been not far away, watched all this, and after thinking about it, she still didn't follow in. She felt that she was probably a burden at home, and it was better to stay outside for a while and not disturb the two of them to discuss the case.

Shen Qianqian took Li Zhongyang all the way in, and then arranged for him to sit down in the study, and she went to the kitchen to make him a cup of green tea.

"Trouble Lawyer Shen. Li Zhongyang took the tea that Shen Qianqian gave him, but he put it directly on the coffee table, and he didn't plan to drink it.

Seeing this, Shen Qianqian immediately sat down, opened the notebook and started working.

"Trouble Mr. Li, can you show me the documents you brought?" Shen Qianqian first browsed all the documents brought by Li Zhongyang. In fact, all the documents are just a few drafts of the contract, as well as a summons from the court and a lawyer's letter from the other party. Shen Qianqian glanced at itβ€”as expected, the summons was already four days ago, and there were only less than three days left for Shen Qianqian.

Shen Qianqian couldn't help but get nervous when she thought of this, but she still adjusted her breathing, and then asked, "Mr. Li, could you please explain the whole process of this transaction to me slowly and carefully?" All the details you can recall, no matter how small, please tell me. ”

"Okay." Li Zhongyang began to recall:

A month ago, I had my eye on a beachfront property. At that time, I liked it very much, so I immediately made an appointment with the landlord to negotiate the price, and after several rounds of meetings, we reached a basic agreement. The house I was renting at the time was about to expire, so I asked the landlord if he could let me move in first, and he was already asking the lawyer to write the contract anyway. And we have verbally agreed on some of the main key elements. So he agreed.

Later, someone may have offered him a higher price, but he suddenly came to me and told me that he would not sell the house. Of course I don't agree, after all, verbal agreements also have legal effect. How could he eat from the bowl and look at the pot and go back on his word. Unexpectedly, a few days later, I received a lawyer's letter and a summons, saying that they wanted to sue me for property misappropriation.

After hearing this, Shen Qianqian rubbed her head. The facts of the case are actually very simple and obvious, that is, the landlord sat on the ground and raised the price, so he reversed himself and made a rake. However, the problem is that the so-called oral agreement has legal benefits, and if there is no third-party witness or other evidence, it will be completely said by the opposing lawyer to be a fabrication of facts. Moreover, it is much more difficult to convince a judge here that his compatriot is a liar than to convince him that a foreigner is trying to take advantage.

"Lawyer Shen, how is it?" Li Zhongyang looked at Shen Qianqian's expression and asked worriedly, "Has this case been fought?" ”

"Mr. Li, I must tell you this first." Shen Qianqian hesitated for a moment, but still felt that it was better to say ugly words in the front, "Although I quickly knew what was going on after listening to your words, the premise was that I believed you unconditionally." The problem is that evidence is needed to fight a lawsuit. As far as the other party is concerned, your 'property misappropriation' can be said to be conclusive evidence, some of your personal belongings are still sealed in that house, and you and he do not have any cash or account flow records. But on our side, unfortunately, I don't see any evidence that you have a verbal agreement. ”

"What then?" Li Zhongyang's heart was half cold when he heard Shen Qianqian's words, "Did you just admit defeat like this?" ”

"In fact, the original judgment of 'property rights embezzlement' was to ask the encroaching party to immediately stop the encroachment and return the property rights that were encroached." Shen Qianqian began to persuade, "And what I saw in the lawyer's letter sent by the other party is the same, he did not make any claim for compensation." ”

"But it's his problem in the first place, why should he ask me to compensate?" Li Zhongyang was puzzled.

"From a legal point of view, if the other party wins the lawsuit, he can completely ask you to compensate for his economic losses during the encroachment, which is equivalent to asking you to pay rent." Shen Qianqian explained.

"So, you mean he's merciful?" Li Zhongyang sneered.

"Well." Shen Qianqian felt a little embarrassed, "I want to suggest that you might as well try to settle out of court if it won't cause you any financial losses at the moment." After all, the other party should also want to solve it quickly and then sell the house. ”

"No way!" Li Zhongyang bluntly refused, "I can't let him be satisfied." Even if I lose the case, I will appeal. I'm going to drag his house and it can't be sold. ”

When Shen Qianqian heard this, she sighed in her heart - no, this is also a master who doesn't have a lot of trouble. But no matter how helpless she was, she still had to persuade: "However, if we don't have new evidence, I'm afraid that an appeal will only be the same result." ”

"It's okay." Li Zhongyang waved his hand, "Even if you lose money, it's good not to let him be satisfied." ”

"Then I see." Shen Qianqian nodded and then thought for a while and said, "Then let's get here today, I'll sort out these documents tonight, and then reconstruct the case." If you don't have any other questions to ask, we'll make an appointment tomorrow to confirm what we're going to focus on. ”

"I'm sorry to trouble Lawyer Shen." Li Zhongyang stood up and thanked him.

"You're welcome." Shen Qianqian smiled and accompanied Li Zhongyang out, and it wasn't until he got in the car and left that she sighed and returned to the house.

When Shen Qianqian was fighting at night, she heard Xiao Siya's voice coming back. Xiao Siya slowly walked to the door of the study, knocked on the door and asked, "Is it convenient to come in?" ”

Shen Qianqian put down the pen in her hand, then rubbed her eyes and replied, "Come in." ”

Xiao Siya crept in, then put a delicate small box on the desk and moved it to Shen Qianqian.

"You didn't eat much tonight, I'll reward you with a late night snack." Xiao Siya said with a mysterious smile.

"What? Petit fours? Shen Qianqian opened it while guessing.

"Ah, you can't pretend you don't know." Xiao Siya pouted and sat aside.

"You said it was a supper, not to mention what else could such a box be?" Shen Qianqian said with a smile.

Sure enough, the box was opened, and inside was a red velvet cupcake.

"How's that, your first customer." Xiao Siya asked.

Shen Qianqian took a bite of the cake, and then when she heard Xiao Siya's question, she shook her head: "It's not good." It's just a person with money and time. ”

"How?" Xiao Siya listened to Shen Qianqian's words and became interested.

So Shen Qianqian told Xiao Siya about the whole case, and finally she said: "I think this kind of thing is a big thing and a small thing." It wasn't my fault, although the other party was not benevolent, but I didn't ask too much. It would be good if you settled directly out of court and didn't delay the time of both parties. But he must continue to fight, and if he loses, he will continue to appeal. ”

"Then you can go with him." Xiao Siya persuaded, "Anyway, you can fight as much as he asks, and if you want to appeal, he doesn't want to continue to give you lawyer fees, why not?" ”

"But the problem is, this case is the first one I've taken here. Although an out-of-court settlement may not sound great, it is much better than losing the first instance and then appealing. Shen Qianqian said unwillingly.

"So what do you do now? Continue to convince him? Xiao Siya asked worriedly.

"No, I'm not going to persuade him." Shen Qianqian shook her head and said, "Since he wants to fight, then fight." But I'm not going to lose the case, I'm going to win the battle beautifully. ”

"Didn't you just say there was no evidence?" Xiao Siya asked incomprehensibly, "Is there any chance of winning this case?" ”

"Things will definitely turn around, I have a hunch." Shen Qianqian said confidently, "I don't believe that I can't find a single piece of useful evidence." ”

"Okay, good barrister, come on!" Xiao Siya encouraged Shen Qianqian, "I will prepare the champagne for you to win the first lawsuit." ”

"You're right, if I win the case this time, I must open the champagne!" Shen Qianqian covered her mouth and smiled.

"No problem!" Xiao Siya and Shen Qianqian high-fived and agreed.