Since the mediation failed, there is nothing left to say and the only choice is to go to court.
The next morning, Jiang Bai received a court summons, and the case was heard in court three days later.
He didn't have any psychological pressure on this.
After all, Jiang Bai can be regarded as a "court veteran". He has appeared in numerous cases as a litigant. If you include audits, he has definitely participated in more than twenty court trials!
He even stood as a defendant in a criminal trial and was accused of manslaughter.
Jiang Bai’s court trial experience is extremely rich.
This time it is just a civil lawsuit, and with a powerful person like Luo Dazhuang sitting in charge, there is nothing to worry about.
No need at all, okay?
Jiang Bai happened to be going to the law firm to see Luo Dazhuang, and he brought copies of the summons and indictment with him.
"The court will be held in three days, right? I understand."
Luo Dazhuang just casually glanced at the copy of the indictment before returning it to Jiang Bai.
There's nothing fancy about this thing.
The other party's cause of action and litigation claims are not important. Anyway, as long as the lawsuit is won, the collegial panel will naturally dismiss them all.
As for whether this lawsuit can be won... everyone knows.
Luo Dazhuang still focused more on the case of shop depreciation claims. This case is challenging and interesting.
Reports from four professional appraisal agencies happened to be delivered.
Among these four reports, the value of the shop before depreciation was first clarified. This was calculated based on the average price of nearby shops. The upper and lower floors totaled 300 square meters, and the value was... 10.89 million.
The depreciation ratios after turning into a haunted house are: 22%, 19%, 19%, and 20%.
Although there is an error, it is basically around 20%.
According to this depreciation ratio, Jiang Bai's economic loss is almost 2 million.
"Two million, even if all of Zhou Kaihe's inheritance is paid to you, it probably won't reach this figure." Luo Dazhuang shook his head and said.
Article 33 of the "Succession Law" clearly stipulates that after inheriting an inheritance, the debts of the deceased must be paid off.
But there is another restriction here, that is, the debt must be paid off "within the actual value of the deceased's estate."
Now that Zhou Kaihe has passed away, it is certainly impossible for him to personally compensate Jiang Bai for his financial losses. Compensation should be made by his heirs, namely brother and sister Zhou Hongtao and Zhou Yunan.
However, the maximum value of this compensation will not exceed the value of Zhou Kaihe's inheritance.
Assuming that Zhou Kaihe left a legacy with a total value of 800,000 yuan, then Zhou Hongtao and Zhou Yunan only need to compensate Jiang Bai at most 800,000 yuan, and no compensation is needed for the rest.
It is probably impossible to make up for Jiang Bai's two million losses. After all, Zhou Kaihe went to pick up aluminum alloys and waste cartons and sell them for money. The economic conditions are not likely to be much better.
But Jiang Bai didn't care either.
Anyway, this thing is rewarded by the system, not earned through hard work.
If it depreciates, it depreciates. It’s only two million...that’s all.
As long as he thought about Zhou Hongtao and Zhou Yunan working hard for a long time and not getting a penny of inheritance, he was very happy.
Of course, the Zhou Hongtao brothers and sisters can also voluntarily give up the inheritance, so that they do not need to bear their father's debts.
In this case, Jiang Bai can apply to the People's Court to directly execute Zhou Kaihe's inheritance.
All in all, as long as this lawsuit is won, the Zhou brothers and sisters will have nothing to lose.
"Let's pay as much as we can. Money is just a number to me. I have no interest in money."
Jiang Bai pretended to be cool, neither salty nor bland.
"You really deserve a beating."
Luo Dazhuang glanced at him and then said: "Okay, now everything is ready, all we need is to file a lawsuit. You sit down for a while, I will get the lawsuit filed, and then we can go to the court to file a lawsuit. By the way, I want to
You can make your own drink, since besides green tea, I only have purified water here."
"You are busy with your business, don't worry about me."
Jiang Bai made a gesture.
He and Luo Dazhuang are so familiar with each other that there is no need to meet outsiders.
Luo Dazhuang said "hmm" and sat in front of the computer to start writing the complaint.
Ordinary people may not be able to pronounce this thing fluently. Various professional terms, legal terms and the like are very difficult to pronounce, but for Luo Dazhuang, they are very familiar with it.
As soon as I put my hands on the keyboard, I immediately entered the state.
"Crack!"
The crisp keyboard sound sounded.
Jiang Bai sat on the sofa and opened the Qiyue APP, and read the latest chapters of several novels on the bookshelf. By the way, he rewarded each author with a golden alliance.
Don't ask, just ask if you have money and willfully.
Suddenly, site-wide announcements began to float above the Qiyu APP.
During the recent period, QiYue authors and readers all know that there is a powerful person on the platform who spends a lot of money, but the powerful person does not say much.
The Golden Alliance is as good as losing money.
Single-handedly influencing the ranking of Qiyu's bestseller list, he is simply a god-like existence.
In fact, Jiang Bai didn't want to show off. His original intention of rewarding those novels with Golden Alliance was very simple. He just wanted them to add more updates so that he could see more content.
That's all.
After reading today's update, Jiang Bai looked through Sanjiang out of boredom and found a few good novels. He added them to his bookshelf for future reading.
Look at the time, and look at the past half an hour.
Luo Dazhuang is still busy.
Jiang Bai didn't want to be disturbed, so he opened his scarf and looked through it casually.
I really found something interesting when I looked at it. The person in charge of a multinational company's Donghai branch was defrauded of more than 12 million...
It is said that the person in charge, Zhang San, suddenly received a call one day. The caller claimed to be a case handler from the Public Security Bureau, saying that Zhang San was involved in a major criminal case of leaking state secrets, and asked him to sign a confidentiality agreement to prevent him from talking nonsense.
Zhang San may also have been frightened, so he quickly discussed with the investigators whether he could be released on bail pending trial. The other party agreed, saying that the deposit would be more than two million yuan.
At this time, another person calling himself the captain of the criminal police team called and was willing to give Zhang San a personal guarantee.
Zhang San did not doubt that he was there, so he paid the money and transferred more than two million to a designated account in Xiangjiang.
As a result, another judge contacted him at this time and said that the case involved a relatively large amount of money and that an additional 10 million deposit was required.
So Zhang San transferred another 10 million.
Two days later, the other party contacted Zhang San again and said that he had been excluded from the list of criminal suspects and that the deposit could be returned, but the process would take six months. If Zhang San transferred another three million,
You can take the fast track and get your money back within 24 hours.
At this moment, Zhang San finally realized that he might have been deceived...
Seeing this, Jiang Bai was very happy.
No wonder this telecommunications fraud continues to be banned and is difficult to eradicate. It turns out there are so many fools in the world.
No one can be fooled by such a clumsy lie.
"What do you enjoy?"
Luo Dazhuang had already completed the indictment and the printer was already working. He walked over and asked casually.
"A fool was defrauded of more than 12 million..."
Jiang Bai told Luo Dazhuang the general situation of the matter.
After hearing this, the latter was speechless for a while, shook his head and said: "There are so many obvious flaws in this incident. As long as he can see through any of them, he will not be deceived."
Then Luo Dazhuang gave Jiang Baipu a method to analyze the loopholes in this incident.
First of all, the "Judicial Interpretation of the Supreme Court on Release on Bail pending trial" clearly stipulates that the account for collecting the bail pending trial deposit is a bank account designated by the public security organ, and it must be a mainland bank account. How is it possible for the mainland to handle the case and hand over the deposit to Xiangjiang?
Secondly, the requirement for a guarantor for bail pending trial has nothing to do with the case. It is usually a relative or friend of the criminal suspect. The guy who calls himself the criminal police team must be related to the case, and his identity determines that it is impossible to be the guarantor.
Then there are the regulations on bail pending trial. Only when the crime committed is not serious and the subjective malice is relatively mild, it is possible to apply for bail pending trial. If it is a crime that the other party said involves major national secrets, the suspect will most likely be directly arrested.
Arrest, and bail pending trial is not applicable.
Finally, and the most outrageous point, the amount of the deposit required to be released on bail pending trial is so huge that it is simply sky-high!
Although it is said that there is no upper limit for the deposit required to obtain bail pending trial, in practice, 50,000 yuan is basically the upper limit. Any deposit exceeding 300,000 yuan must be reported to the provincial department. How can there be more than 10 million yuan?
Security deposit.
"It's true that people are stupid and have too much money...wait a minute!"
Jiang Bai suddenly thought of something and said to Luo Dazhuang: "Do you think there is a possibility that this guy really has a problem, so he feels guilty?"
Luo Dazhuang smiled slightly and said: "It's possible, or maybe he was just careless. He was flustered and didn't think much about it at the time, so he got tricked. But there is a third possibility..."
"What's possible?"
"You are so silly when you laugh at others, but you can't see through when they laugh at you." Luo Dazhuang smiled enigmatically.
"ah?"
Jiang Bai was confused.
Just as I was about to ask more questions, I heard a beeping sound coming from the printer.
The indictment has been printed.
"Stop worrying about this, let's go and file a lawsuit in court."
Luo Dazhuang smiled and patted Jiang Bai on the shoulder, then went to the printer to get the indictment.
The two set off immediately and headed straight to the court.
After seeing the indictment and relevant evidence materials they submitted, the staff at the case registration center suddenly froze on the spot, blinked, and looked a little weird.
If I remember correctly, a case was filed a few days ago. A thief broke into someone else's house to steal something and threw himself to death. His children actually sued the owner of the house.
And this case...
The owner of the house actually sued the thieves and his children to compensate for the financial losses caused by the depreciation of the house?
Wonderful!
A shameless guy like that really needs to be upright!
If the final outcome is that the plaintiff in the previous case loses and the plaintiff in this case wins, then it will really be a plot unique to the best of Shuangwen.
The staff started reviewing with enthusiasm.
The decision to file the case was quickly made.
After all, Luo Dazhuang's shots are always stable, and there is no way something could go wrong at this stage.
However, after the case was successfully filed, Luo Dazhuang did not leave in a hurry, but took Jiang Bai to another department of the court.
He is going to apply for pre-litigation property preservation.
The so-called pre-litigation property preservation, that is, pre-litigation preservation, means that if an interested party fails to apply for property preservation immediately due to an urgent situation, which will cause irreparable damage to its legitimate rights and interests, it may apply to the People's Court before filing a lawsuit.
A property preservation measure taken by the court.
This is an emergency preservation measure aimed at protecting interested parties from irreparable losses.
For example, Zhang San and Li Si signed a purchase and sale contract. According to the agreement, Zhang San needs to give Li Si an advance payment of one million. However, after the money was transferred, Zhang San discovered that Li Si had committed fraud and had no way to fulfill the contract. Moreover, the advance payment
The money is also likely to be transferred, and if compulsory measures are not taken in time, huge losses will be suffered.
But if you go through the prosecution process, it will take a while and it will be too late.
At this time, Zhang San can apply to the court for pre-litigation property preservation to prevent Li Si from transferring his property and stop the loss in time.
What needs to be preserved in this case is naturally Zhou Kaihe's legacy.
It is conceivable that given the urinary behavior of the Zhou Hongtao brothers, it is very likely that they will transfer their assets in advance after receiving the summons.
Although the house, car, etc. cannot be transferred, it is still easy to manipulate the money in Zhou Kaihe's account, home appliances and furniture.
After the two of them announced that they would give up the inheritance, there would be no need to compensate Jiang Bai for his losses.
Jiang Bai could only apply to the court to enforce Zhou Kaihe's remaining property.
In order to avoid this situation, the safest way is to apply for pre-litigation property preservation and directly cut off the escape route!
When the time comes, an electronic seal will be clicked on Zhou Kaihe's door, and his bank card will be frozen. The brother and sister Zhou Hongtao will not be able to transfer a hair.
The process of pre-litigation property preservation is also very simple. The applicant wants to apply to the court and provide a guarantee, and the court will make a ruling within 48 hours.
If it is decided to take preservation measures, the applicant must file a lawsuit or apply for arbitration within thirty days.
An application can be submitted after the lawsuit is filed and before the judgment is made.
All these details are clear, and all the materials that need to be prepared are in place.
If Jiang Bai, the client, is asked to provide a guarantee, the matter will be settled.
The next morning, the court made a ruling, agreeing to the pre-litigation property preservation application, and immediately took measures.
Brother and sister Zhou Hongtao didn't know all this yet, they were busy discussing how to distribute the old man's inheritance.
Anyway, they refused to give in to each other, and the quarrel was so fierce that they almost started fighting.
There has never been any quarrel.
Unknowingly, two days flew by and the court day arrived.
It's still a familiar time, it's still a familiar place.
The First Civil Trial Division of Binjiang District Intermediate People's Court.
Both the plaintiff and the defendant, as well as their respective attorneys, were present.
The court will begin on time at ten o'clock in the morning.
Judge Song Guangming sat on the legal platform, glanced at the situation, and asked both parties if they were willing to mediate.
In civil cases, this question is usually asked before the formal trial.
However, there is obviously no possibility of mediation in this case.
There is nothing more to say, let’s go directly to the court investigation stage.