If there is no promissory note for a cash loan, it doesn't necessarily mean that the borrower will lose the lawsuit. Evidence such as WeChat chat records, audio recordings, withdrawal records, and witness testimonies can be used to strengthen the chain of evidence, and the loan can be determined based on a high degree of plausibility.
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If a person disagrees with the decision on expropriation, he/she may request its revocation or confirmation of its illegality, and review the normative documents cited at the same time. The statute of limitations for filing a lawsuit is six months, and he/she should entrust a lawyer to fix the procedural defects of the evidence.
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If the determination of illegal construction is incorrect, the party concerned may request reconsideration or file a lawsuit to revoke it; the determination must clarify the planning permission and the construction time, and the party concerned must be informed of the right to make statements and defenses during the process. The incorrect determination should be corrected in accordance with the la...
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After confirming that the forced demolition is illegal, the affected party can claim compensation for the value of the house, interior items, relocation costs, and losses from production and business interruptions; a lawyer can assist in fixing evidence and filing a lawsuit to confirm the illegality and seek compensation.
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The lawyer sorts out the illegal points, fixes the evidence, estimates the reasonable compensation, and represents the client in the reconsideration and litigation during the compensation negotiation; if the other party fails to perform its duties, the lawyer can request the court to revoke the decision and order the other party to handle the case again.
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If the evaluation of a store is unreasonable, one can apply for an evaluation review or appraisal, and challenge the compensation decision through administrative review or litigation. When selecting an evaluation agency and reviewing the report, the right to information should be guaranteed. If the evaluation process violates the law, one can request its revocation through legal means.
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The persons subject to demolition may protect their rights through information disclosure, administrative reconsideration, administrative litigation, and compensation procedures; forced demolition must be applied for by the court to enforce; and in the event of illegal forced demolition, a request for confirmation of the illegality should be made within six months.
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When an enterprise receives demolition compensation payments, it may be subject to corporate income tax and other taxes. Whether the compensation is taxable and how it should be allocated shall be handled in accordance with current tax regulations and special documents. The specific determination shall be subject to the approval of the tax authorities.
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The fees charged by lawyers for demolition-related legal services are calculated on a per-case basis, by the hour, or as a percentage of the case value. Administrative litigation prohibits contingency fees. Litigation fees are charged separately, and it is recommended to clarify the fees and fee caps in writing before entrusting the lawyer with the case.
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Land expropriation and demolition are mostly administrative litigations, and it is prohibited by law to implement risk-based attorney fees. Attorney fees are not tied to the compensation ratio; they are generally charged on a per-case basis or as a percentage of the contract value (non-risk-based). Before entrusting a lawyer, the agreement must be explicitly stated in writing.
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After the homestead is expropriated, the value of the house and the resettlement compensation shall be calculated in accordance with the law; the right to use the homestead obtained by inheritance and the loss of the right due to infringement without the fault of the right holder shall still be included in the resettlement and the right holder may request the performance of the duty.
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If the valuation of the store is too low, you can apply for a review of the valuation and expert appraisal. You can also request a reconsideration or litigation against the unfair compensation decision. Pay attention to the time limits for review and appraisal, and use the fixed valuation report to protect your rights according to the law by comparing it with the market price.
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The demolition compensation agreement for shops must verify the scope of the expropriation and the qualifications of the contracting parties, and be vigilant against the omission of losses from production and business suspension and verbal promises; if the expropriation is used as a pretext for fraud, the agreement can be claimed to be invalid.
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Family members can appoint lawyers on behalf of the suspect; according to the Criminal Procedure Law, close relatives can appoint lawyers on behalf of the suspect as soon as the suspect is interrogated or subjected to compulsory measures, without the need for the suspect's signature.
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After a company is subject to a criminal investigation, it can seek leniency by admitting guilt and accepting punishment, returning the illegal proceeds and initiating compliance rectification; in accordance with Article 15 of the Criminal Procedure Law, those who meet the conditions may be exempted from prosecution.
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