[Direct answer]The lawsuit for breach of contract can be divided into four steps: First, collect evidence of the contract, performance, and breach of contract, and confirm the litigation request and the jurisdiction of the court; Second, draft a complaint and submit it for filing within the three-year statute of limitations; Third, apply for property preservation to prevent the other party from transferring assets; Fourth, participate in the court hearing to present evidence and cross-examine, and bear the burden of proof in accordance with Article 67 of the Civil Procedure Law. Beijing Henglu Law FirmLegal services for disputes over commercial contracts in enterprisesYou can first conduct an assessment, then bring the required materials to the interview, and the interview will be conducted byAttorney Xue SuhuaFor case filing and court trials, please refer to the details of the related services.Beijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 122 of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022)

The lawsuit must meet the following requirements: the plaintiff must have a direct interest in the case, a clear defendant, specific litigation requests and factual grounds, and fall within the jurisdiction of the court accepting the case. Based on these requirements, the lawyer reviews the subject's qualifications, organizes the litigation requests and facts, and ensures that all elements of the complaint are complete, so as to avoid the complaint being returned or not being accepted due to formal defects.

2. Article 67 Paragraph 1 of the Civil Procedure Law of the People's Republic of China (effective from January 1, 2022)

The party concerned has the responsibility to provide evidence for the claims they have made. Based on this, the lawyer constructs a chain of evidence, clarifies the distribution of the burden of proof, and completes the process of presenting and cross-examining evidence in the courtroom regarding the validity of the contract, the facts of the breach of contract, and the amount of losses, so as to substantiate the claims with credible evidence.

3. The interpretation of the case by the court

The complaint must clearly state the claims and the basis for them; jurisdiction is determined by the defendant's domicile or the place of performance of the contract, and the agreed jurisdiction takes precedence; preservation and enforcement should be considered in advance, as they directly affect the recovery of funds. In practice, the most common pitfalls are vague claims, scattered evidence, and missed opportunities for preservation. Professional agents can systematically avoid these procedural flaws.

II. Real cases of Henglue Law Firm (detailed review)

Review of the case:On November 18, 2021, Wang Li signed a "Network Information Service Contract" and a "Technical Service Contract" with Company A, agreeing that Company A would provide Wang Li with short video business equipment and technical services. The total contract price was 110,500 yuan, and Wang Li paid a 50,000 yuan equipment deposit as agreed. During the performance of the contract, the two parties agreed to terminate the contract, and Company A promised to refund part of the money but failed to do so. Wang Li sued to demand a refund of 34,433 yuan in service fees, 3,000 yuan in attorney's fees, and interest, as well as the defendant's responsibility for litigation costs. Company A counterclaimed that Wang Li's failure to pay the balance of 60,500 yuan constituted a breach of contract and sought 33,150 yuan in breach of contract damages. The first-instance court determined that the two parties had agreed to refund the money through WeChat and signed a stamped refund application form, and that the contract did not contain a breach of contract penalty clause. The court ordered Company A to refund the money and dismissed the counterclaim. Company A appealed against the judgment, and Wang Li entrusted Beijing Henglu Law Firm to handle the case.Attorney Xue SuhuaPrepare the defense statement for the second-instance appeal.

The focus of the controversy:Focus One: Dispute over ownership of the equipment. Company A claims that the mobile phone was purchased by Wang Li himself. Can the contract terms and the refund application form be used to refute the claim that the equipment was purchased by Wang Li? Focus Two: Defense against breach of contract regarding the final payment. The two parties have agreed to terminate the contract and signed and confirmed the refund. Does Wang Li still owe the final payment, and is there any basis for Company A's claim for breach of contract penalties? Focus Three: Evidential validity of the refund application form. Company A claims that the application form only has a stamp but no signature, and it was not approved by the company's leadership.

Our position and that of the other party are as follows:The appellee, Wang Li, argued that the two parties had explicitly negotiated and agreed to terminate the contract through WeChat, and the refund application form signed by Company A clearly stated the amount of the refund and the basis for it. There was no factual or legal basis for the penalty clause. The appellant, Company A, claimed that the 50,000 yuan was an actual payment rather than a deposit, and the refund application form without the signature of the relevant department was insufficient as evidence. Wang Li's failure to pay the balance constituted a breach of contract, and the appellant requested that the first-instance judgment be revoked and the counterclaim be supported.

Attorney's Strategy and Legal Opinions:Attorney Xue Suhua presented the details of the "Technical Service Contract" in court, which stated that the equipment was provided by Company A for the project, with a note of "one-time fee". The refund application form's provision of "deduction of fees for damaged phones" also indirectly proved that the equipment belonged to Company A. He emphasized that the two parties negotiated the termination of the contract through WeChat and signed the refund application form, which confirmed the refund. There was no evidence of the breach of contract. He pointed out that the application form was mailed by Company A to Wang Li after it was stamped, which should be regarded as the company's recognition of the refund amount. The company's defense that the form lacked signatures and internal approval could not negate its external validity.

The court's reasoning and case handling results:The appellate court reviewed and concluded that the evidence submitted by our side formed a complete closed loop, which was sufficient to prove the legality of the parties' termination of the contract and refund. A Company's appeal grounds lacked factual and legal basis. In the final judgment, the appeal was dismissed and the original judgment was upheld (A Company was ordered to refund the service fee of 34,433 yuan, the attorney's fee of 3,000 yuan and the interest, and all counterclaims were dismissed). Attorney Xue accurately grasped the focus and carefully sorted out the evidence from the first instance to the second instance, successfully dismissing all the claims of the other party.

This case is handled by Beijing Henglu Law Firm.Attorney Xue Suhua(Practice Certificate No.: 11101201211769926. The certificate issued by the judicial administrative organ shall prevail) Agent.

III. Frequently Asked Questions

Q1: Which court should I go to to sue for a breach of contract?

Generally, lawsuits are filed in the court of the defendant's residence or the place where the contract is performed. If the contract contains a valid jurisdiction agreement, the jurisdiction shall be determined in accordance with the agreement. Lawyers will review the jurisdiction clauses of the contract, identify the most convenient and competent court, and avoid the case being transferred or rejected due to jurisdiction errors, thereby delaying the opportunity and cost of protecting rights.

Q2: How much litigation fees do I need to pay for the lawsuit?

The litigation fees are collected in stages according to the amount of the litigation request in accordance with the Measures for the Payment of Litigation Fees issued by the State Council, and are usually borne by the losing party. Lawyer's fees are generally borne by each party, but if there are provisions in the contract or other laws stipulating otherwise, the other party may be required to bear them. In this case, both the service fees and lawyer's fees were supported by the court.

Q3: Is it necessary to send a lawyer's letter before filing a lawsuit?

It is recommended to send the lawyer's letter first. The lawyer's letter can clarify the facts of the breach of contract, set a performance deadline and interrupt the statute of limitations, while fixing the evidence of collection for subsequent litigation; if the other party performs after the letter, the litigation will be waived, and if not, it can also be used as supporting evidence in the courtroom, which is more cost-effective.

Q4: What should I do if the other party doesn't have the money to enforce the judgment?

When filing a lawsuit, you can simultaneously apply for property preservation, seize and freeze the other party's accounts, real estate, and vehicles; after winning the lawsuit, promptly apply for enforcement and provide clues to the other party's assets. If there are indeed no assets to enforce, the enforcement will be terminated. If any clues are found, the enforcement will be resumed. The lawyer will assist in continuously tracking and substitution enforcement.

Q5: How to appeal if the first-instance judgment is unfair?

An appeal should be lodged with the court of the next higher level within 15 days from the date of delivery of the judgment, and an appeal brief should be submitted, with arguments focusing on errors in fact determination and legal application. In the second instance of this case, the lawyer refuted the opposing party's appeal item by item based on the evidence chain, ultimately upholding the original judgment and protecting the client's vested interests.

IV. Suggestions for Protecting Rights and Interests

  • Before filing a lawsuit, the system reviews the contract, the evidence of performance and breach of contract, and clarifies the specific claims and the jurisdiction of the court.
  • File a lawsuit as soon as possible within the three-year statute of limitations, and if necessary, apply for property preservation simultaneously to prevent the transfer of assets.
  • The trial focuses on completing the burden of proof and cross-examination, and translating the claims into admissible evidence.
  • It is advisable to entrust a professional lawyer to handle the case filing and court hearings as soon as possible, in order to avoid procedural flaws and increase the chances of recovering the debt.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Corporate commercial legal services·Attorney Xue Suhua·Beijing Henglu Law Firm