Frequently Asked Questions

09 2026-10

Is the transfer of a creditor's right to a third party effective?

The principle of creditor's rights transfer is effective: According to Article 545 of the Civil Code, it can be transferred in whole or in part without the debtor's consent; according to Article 546, the debtor should be notified, and the transfer will not take effect without notification; the transferee may sue or apply for a change of the executor based on the transfer agreement.

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09 2026-10

How much does it cost to file a lawsuit for the right of withdrawal?

The acceptance fee for creditor's right of revocation cases shall be charged at 50 to 100 yuan for non-property cases or paid in installments according to the amount of the subject matter, subject to the court's approval; according to Article 540 of the Civil Code, the necessary expenses shall be borne by the debtor, and the right of revocation must be exercised within one year from the date when ...

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09 2026-10

How to file a subrogation lawsuit?

A subrogation lawsuit must meet three conditions: the creditor's claim has matured, the debtor has neglected to exercise his rights, and the claim is not exclusive (Article 535 of the Civil Code); the case shall be under the jurisdiction of the court where the counterparty resides, and after winning the lawsuit, the counterparty shall directly perform his obligations to the creditor.

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09 2026-10

Can creditors directly deduct the debtor's salary?

Creditors do not have the right to deduct and transfer the debtor's wages without authorization. Such unauthorized deduction may constitute an infringement of rights. The court shall enforce the deduction after the creditor files a lawsuit for preservation of evidence. When deducting and transferring the wages, the court shall reserve the necessary living expenses for the debtor and the dependents...

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09 2026-10

What is the difference between a pledge and a mortgage?

The core difference between pledge and mortgage lies in whether the possession is transferred: the real estate mortgage right is established upon registration (Article 402 of the Civil Code), and the movable pledge right is established upon delivery (Article 429); real estate can only be mortgaged and cannot be pledged, and both can be prioritized for compensation.

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09 2026-10

What will the bank do if you default on the mortgage and fail to repay the loan?

After the mortgage default, the bank handles it according to the process of collection, declaring the loan as prematurely due, negotiation, and realizing the mortgage right; according to Article 410 of the Civil Code, the bank can request the court to auction and sell the mortgaged property and obtain priority compensation. It is recommended to negotiate an extension as soon as possible after rece...

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09 2026-10

What can land expropriation compensation lawyers do for farmers?

Land expropriation compensation lawyers can represent farmers in reviewing the expropriation procedures, correcting wrong property appraisals, applying for information disclosure, and initiating review litigation; in accordance with the principle of fair compensation in Article 48 of the Land Management Law, review requests can be submitted within 60 days, and lawsuits can be filed within six mont...

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09 2026-10

What should I do if the compensation assessment for the demolition of the factory building is too low?

The assessed value of the factory is too low. The applicant should apply for a review of the assessment within 10 days, and if dissatisfied with the review, apply to the expert committee for appraisal. At the same time, the applicant should disclose the information and verify the plan, and if necessary, initiate a reconsideration or lawsuit, claiming losses from production and business suspension ...

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09 2026-10

How to confirm that forced demolition is illegal? Is administrative litigation necessary for this?

For forced demolitions that are illegal, they need to be confirmed through reconsideration or litigation: Identify the defendant according to Article 26 Paragraph 5 of the Administrative Litigation Law, and review the right to enforce the law according to Article 13 of the Administrative Enforcement Law; file a lawsuit within 6 months, and after confirming the illegality, claim state compensation.

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09 2026-10

How are the compensation for residential plots and housing calculated?

The land compensation fees and resettlement assistance fees for residential plots shall be calculated based on the comprehensive land price of the area. The houses shall be appraised at the replacement cost of new houses. In addition, it includes seedlings, relocation and transition fees. According to Article 48 of the Land Management Law, the lack of a certificate does not necessarily mean the lo...

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09 2026-10

Can I apply for an administrative review if I receive a notice requiring me to demolish the structure within a specified timeframe?

If you receive a notice of demolition within a specified time limit, you can file an appeal in accordance with the law: According to Articles 11 and 20 of the Administrative Review Law, the appeal must be filed within 60 days; according to Article 44 of the Administrative Enforcement Law, the demolition cannot be carried out if the appeal or lawsuit is filed within the statutory time limit.

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09 2026-10

How to choose a demolition lawyer who is suitable for you?

When choosing a demolition lawyer, you should consider their professional expertise, procedural coordination skills, and transparent fee structure. Verify their practicing license and experience in similar cases, discuss their approach to handling the case during the consultation, and clarify the stages and fees in the contract. Be cautious of lawyers who promise guaranteed wins.

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09 2026-10

Is legal consultation on land expropriation and demolition free of charge?

For land expropriation and demolition consultations, you can call the free hotline 12348. Those who meet the requirements can apply for legal aid. For in-depth consultations on the legality of expropriation and compensation calculations, you are advised to pay for the service. Please note that the deadlines for filing an appeal are 60 days and for filing a lawsuit are 6 months—do not miss these de...

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09 2026-10

What should I do if there is no compensation agreement for the demolition of houses in the shantytown renovation project?

If the house is demolished before the signing of the compensation agreement during the shantytown renovation, it is a procedural violation. The victim can sue to confirm the illegality of the forced demolition and claim compensation. According to Articles 25 to 27 of the "Regulations on the Acquisition and Compensation of Houses on State-Owned Land", it is a mandatory requirement to provide compen...

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09 2026-10

After being notified of the illegal construction, can I hire a lawyer?

Upon receiving a notice requiring the demolition of unauthorized buildings within a specified timeframe, one may entrust a lawyer to review the authority, facts, and procedural defects of the notice. Before conducting forced demolition, the authorities must first issue a public notice and guarantee the timeframes for review and litigation. Both the determination of the building as unauthorized and...

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