Frequently Asked Questions

24 2026-9

What should I do if the other party sells the house without my permission after purchasing it under someone else's name?

If the buyer of a house registered under someone else's name is sold by the registered owner without authorization, the buyer should determine whether he/she has acquired the property in good faith according to Article 311 of the Civil Code; contracts concluded through malicious collusion are invalid, and the buyer can request the return of the property. The buyer should immediately preserve the e...

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24 2026-9

Can the ownership of a property purchased under someone else's name be legally confirmed without a written agreement?

In the absence of a written agreement, the claim for ownership based on the borrowed name agreement can be proven by the capital flow records, the possession and use of the property, the holding of bills, and the communication records; real estate registration is a prerequisite for the effectiveness of property rights (Article 209 of the Civil Code), and the disposal of the property by the registr...

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24 2026-9

Can I apply for labor arbitration if the company refuses to sign a contract with me?

Not signing a contract does not affect the right to seek justice: the labor relationship is established from the date of employment (Article 7 of the Labor Contract Law), and the employee can claim double wages for up to 11 months (Article 82). The statute of limitations for arbitration is one year, and the employee's salary records and attendance records can all prove the existence of a labor rel...

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24 2026-9

Is it worth hiring a lawyer for labor arbitration?

For labor arbitration cases with large claim amounts, complex evidence, and where the employer has already hired a lawyer, it is more cost-effective to hire a lawyer; Henglue Law Firm successfully represented a case of late dismissal, demonstrating that gate records cannot be equated with attendance records, helping the worker obtain compensation of 398,231.66 yuan for unlawful termination.

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24 2026-9

What is the difference between labor arbitration and labor supervision?

The five differences between arbitration and supervision are: institutions, nature, scope, statute of limitations, and outcomes; the statute of limitations for arbitration is one year, with cases being concluded within 45 days without charging fees; the statute of limitations for supervision and investigation is two years; employees can first file a complaint for supervision when they are owed wag...

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24 2026-9

How to avoid employee labor arbitration?

To avoid employee arbitration, first ensure compliance with employment regulations: sign contracts within 30 days, pay salaries in full, and pay social insurance in accordance with the law; terminations must comply with the statutory circumstances set forth in Articles 39 and 40 of the Labor Contract Law and be supported by evidence from the employer. For terminations due to unpaid wages, compensa...

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24 2026-9

How much does it cost to sue someone for not repaying a loan?

The litigation acceptance fee for a loan of 100,000 yuan is 2,300 yuan, and it is halved to 1,150 yuan for simple or mediation procedures. If the plaintiff wins the case, the defendant will bear the litigation costs. The maximum preservation fee is 5,000 yuan, and the interest rate is capped at four times the LPR. The enforcement fees will be borne by the defendant.

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24 2026-9

How should debts be stipulated in a family property agreement?

A family property agreement may stipulate the assumption of debts in writing in accordance with Article 1065 of the Civil Code, but internal agreements cannot be used against creditors. If both spouses jointly sign the debt agreement and list the debts item by item and have them notarized, the debts shall be repaid jointly in accordance with Article 1089 upon divorce.

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24 2026-9

How to find a lawyer for corporate debt disputes?

When selecting a corporate debt lawyer, consider the following four aspects: expertise in the field of creditor-debtor relations, similar recovery cases, preservation and enforcement solutions, and transparent written fee arrangements. For lawsuits filed within the three-year statute of limitations, Henglu Law Firm assists in asset investigation and tracing, as well as holding shareholders account...

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24 2026-9

How to recover the debt without going to court?

Not resorting to litigation to recover debts: signing a repayment agreement, sending a letter to interrupt the statute of limitations, applying for a payment order (which can be enforced if there are no objections within 15 days), and obtaining a notarization of enforcement. The statute of limitations for litigation is three years. Henglue Law Firm has helped enterprises recover more than 1.3 mill...

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24 2026-9

How to collect overdue payments from customers?

The client defaults on the payment. First, we will reconcile the accounts and send a letter to fix the evidence. Within the three-year statute of limitations, you can apply for a payment order or file a lawsuit; the acceptance fee for a 100,000 yuan payment is 2,300 yuan. If you win the case, we can assist with the enforcement of the judgment. Henglue Law Firm will assist you with the entire colle...

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24 2026-9

What is the maximum amount of interest on a loan that is not protected by law?

The interest rate of private lending shall not exceed four times the one-year LPR at the time of the conclusion of the contract, and the excess part shall not be supported; if no interest is stipulated, it shall be deemed as interest-free, and the upfront interest shall be calculated according to the actual principal (Article 670 of the Civil Code).

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24 2026-9

How to sue a borrower who refuses to repay the money?

Prepare the IOUs, transfer receipts, and collection records, and file a lawsuit with the basic-level court in the defendant's residence or the place where the party receiving the money is located; pay attention to the three-year statute of limitations, and apply for enforcement within two years after winning the lawsuit.

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24 2026-9

How can small and medium-sized enterprises clear up their creditor's rights and debts?

The four steps to clear up creditor's rights and debts are: establishing a ledger, issuing a written reminder to interrupt the statute of limitations, issuing a payment order or suing and preserving the evidence, and applying for enforcement within two years after the judgment takes effect; note that the three-year statute of limitations is stipulated in Article 188 of the Civil Code.

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