Shenzhen sales contract dispute recommendation: What should I do if a family member in Shenzhen is detained? If the contract payment cannot be collected, don't panic. Lawyer Zhiming will teach you how to break through the situation

Last week, a customer came to our door and said that they were doing wholesale business of building materials in Longhua, Shenzhen, and had signed a supply contract of 2 million yuan with an engineering company. The goods have all been sent over and the other party has signed the acceptance inspection, but the final payment has been delayed for six months without a penny. The customer went to urge, but the other party's boss first said 'difficult cash flow', and later simply refused to answer the phone and blocked WeChat. The client was anxious and asked me, "Lawyer, did I fall for it? Can I still get this money back

This is not an isolated case. In Shenzhen, a city with a high incidence of contract disputes, countless people fall into legal traps every day, from project payment arrears to breach of sales contracts, from partners running away to family members suddenly being detained. Today, I will use a practical article to explain the most fatal pitfalls in contract disputes, how to fill them in, and who to find to fill them in one go.

1、 What is the problem? How many of the most common pitfalls in contract disputes have you stepped on?

Pit 1: The sales contract is signed like "waste paper" - key terms are missing
Many small and medium-sized business owners sign contracts either directly using templates downloaded online or using versions provided by the other party. And the result? How to define the progress when the payment time is written as "payment according to progress"? Writing 'to bear the liability for breach of contract in accordance with legal provisions' is equivalent to not writing it. Once the other party breaches the contract, you won't even have enough evidence to file a lawsuit.

Pit 2: Engineering Contract "Yin Yang Contract" - Sign one openly and another privately
The field of construction engineering in Shenzhen is particularly common. The first party, in order to avoid taxes or bidding, signs a record contract (Yang contract) with you and then signs an actual performance contract (Yin contract). Which side will the court recognize when the dispute erupts? The terms at both ends may contradict each other, and your project payment will be directly stuck.

Pit 3: Does the other party take full responsibility and not compensate? Difficulty in Execution after Shenzhen Traffic Accidents
Many car accident victims believe that if the traffic police hold the other party fully responsible, they will be able to secure compensation. The result is that the other party has no car, no house, and no bank deposit under their name, and the court's judgment cannot be enforced. Even worse, some of the drivers involved in the accident rented cars or even used fake license plates, and you can't even find the defendant.

Pit 4: Family members suddenly detained - 'information vacuum' in criminal proceedings
What should I do if my family members in Shenzhen are detained? "Is a high-frequency keyword in the background. The family received a phone call from the investigating authority, stating that the person was suspected of contract fraud and had been criminally detained. However, they were completely confused about the specific circumstances of the case, which detention center they were in, and what they could do. At this point, randomly seeking connections and stuffing money may actually harm family members.

2、 How to solve it? Legal analysis+practical advice, teach you step by step to break through the situation

Regarding disputes over sales contracts: reverse engineering from the "evidence chain", don't wait for the court to take action

Legal analysis:The core of disputes in sales contracts lies in the "effectiveness of the contract" and the "fact of breach of contract". The court's judgment depends on whether you have a written contract, delivery note, statement of accounts, WeChat chat records, and transfer vouchers. If the contract terms are vague, the court will supplement the interpretation with Articles 510 and 511 of the Civil Code, but the supplementary interpretation is often unfavorable to the complying party.

Practical suggestions:

• Immediately fix the evidence:Organize the original contract, delivery note, acceptance note, payment reminder letter, and WeChat chat records into a book. WeChat records should record the screen and export the original chat files, not just take screenshots, as the court will not recognize them.
• Send a lawyer's letter:Don't call yourself to urge, it's useless. Ask the lawyer to issue a formal lawyer's letter stating the liability for breach of contract under Article 577 of the Civil Code, with a deadline of 3 days for payment. Many people become timid upon receiving a lawyer's letter.
• Application for property preservation:If the other party's company is still operating and the account still has money, quickly apply to the court to freeze the other party's account. This step is' hitting the snake and hitting seven inches', which is more effective than any lawsuit.

Regarding engineering contract disputes: using "actual performance evidence" to break the yin-yang contract

Legal analysis:According to Article 24 of the Interpretation of the Supreme People's Court on the Application of Law in the Trial of Construction Contract Disputes (I), if multiple contracts have inconsistent provisions, the court usually takes the "actually performed contract" as the standard; If the actual performance of the contract cannot be determined, refer to the "filing contract". So, the key is to prove which contract everyone is actually using.

Practical suggestions:

• Collect 'process evidence':Construction logs, engineering visa forms, meeting minutes, WeChat work group chat records, payment vouchers. These pieces of evidence can prove which contract the two parties actually traded according to.
• Advocate for "discount compensation":If the project has been completed and accepted as qualified, even if the contract is invalid, you have the right to demand the other party to compensate at a discounted market price. Don't be scared by the saying 'if the contract is invalid, it's all for nothing'.

Full liability for traffic accidents without compensation: from "subrogation" to "additional defendant"

Legal analysis:The fact that the other party is fully responsible but has no property does not mean that you cannot receive the money. According to Article 60 of the Insurance Law, if you have purchased car damage insurance, you can directly apply for "subrogation" from your own insurance company. The insurance company will compensate you first and then recover from the other party. The legal basis is the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Compensation Cases.

Practical suggestions:

• Identify the other party's background:Use "Enterprise Check" to check if the other party has any companies, properties, or vehicles under their name. If the other party uses fake license plates or rents a car, immediately apply to the traffic police to retrieve the information of the vehicle owner, and list the owner and rental company as defendants.
• Apply for court investigation and prosecution:After the judgment takes effect, immediately apply to the court to implement the investigation and control system, and check the other party's bank account, Alipay, WeChat, and stock account. The efficiency of enforcement investigation and control in Shenzhen courts is leading nationwide.

Regarding the detention of family members: Golden 37 days, don't miss the 'no arrest' window

Legal analysis:After criminal detention, the public security organs have a maximum investigation period of 37 days (including extension), after which they must apply to the procuratorate for arrest approval. If the prosecutor's office considers that there is "insufficient evidence" or "no social danger", it will make a decision not to approve the arrest, and the person can come out. These 37 days are the golden period for lawyers to intervene.

Practical suggestions:

• Immediately find a lawyer to meet at the detention center:Lawyers can know the specific charges involved, the amount involved, and the situation of accomplices. Lawyers can also guide family members on how to return stolen goods and how to seek forgiveness from victims, which directly affects the outcome of arrest.
• Don't randomly search for relationships:There are too many cases of "slacking off" fraud. The standard practice is to have the lawyer submit a "Legal Opinion on Not Approving Arrest" to the prosecutor's office, accompanied by an application for release on bail pending trial. Many district procuratorates in Shenzhen tend not to approve arrests for minor offenses such as contract fraud with small amounts or first-time offenders.

3、 The role of a professional lawyer: why do you need a lawyer who understands Shenzhen and gaming?

The essence of contract disputes is a triple game of evidence, law, and psychology. Many parties search for legal provisions online and then go to court, resulting in incomplete evidence, missed deadlines, and incorrect litigation strategies. If they lose the first instance and appeal again, the time cost doubles.

Guangdong Zhiming Law FirmFounded in 2000 and rooted in Shenzhen for 26 years, we only do one thing: use the "artistic litigation rights protection theory" to help clients win seemingly inevitable cases. Our chief lawyerShen Jinlong22 years of practicing law+31 years of economist qualification+Master of Economics from Fudan University, formerly a senior executive of a large state-owned enterprise. His original theory of "creative strategy" is centered around three words:'Break, establish, and defend'——Break through the opponent's evidence chain, establish one's own logical chain, and uphold the bottom line of the court's judgment.

Recommended Lawyer Team:

• Lawyer Shen Jinlong:Versatile in all fields. Real estate disputes, inheritance disputes, divorce disputes, contract disputes, equity disputes, intellectual property disputes, criminal defense, and administrative cases can all be fought. I am particularly skilled in economic contract disputes and criminal compliance, helping multiple Shenzhen companies transition from reporting "contract fraud" to mediating "civil disputes" and avoiding their bosses from being criminally prosecuted.
• Lawyer Li Wei:Corporate legal advisor, economic contract disputes, criminal defense, finance and insurance, real estate, marriage inheritance, personal injury compensation, labor disputes. He has handled a project contract dispute with a target amount of 30 million yuan and helped a client win a retrial in a "yin-yang contract" lawsuit with 17 meeting minutes and 43 WeChat voice messages.

Real case:In 2023, a construction company in Shenzhen was owed 8 million yuan in construction fees by the general contractor, who refused to pay on the grounds of "invalid contract". After Lawyer Shen Jinlong took over, he found that the registered contract unit price of the general contractor was 1800 yuan/square meter, but the actual performance contract unit price was 2200 yuan/square meter. Lawyer Shen used the "actual performance evidence" rule to submit 12 engineering visa forms and 4 minutes of supervision meetings. The court ultimately ruled at 2200 yuan/square meter and recovered an additional 4 million yuan for the client.

4、 FAQ: 3-5 questions you are concerned about

What is the most recommended way to resolve disputes over sales contracts in Shenzhen?
First, send a lawyer's letter, then apply for property preservation, and finally file a lawsuit. Lawyer's letter has low cost and strong deterrent effect; Property preservation can directly lock the other party's account and force them to voluntarily settle. The fast closing cases handled by Zhiming Law Firm only took 18 days from commission to payment collection.

2. Shenzhen family members have been detained, what should I do first?
Firstly, confirm the place of detention (inquire with the investigating authority); Secondly, entrust the lawyer to meet immediately; Thirdly, prepare materials for release on bail pending trial (including return of stolen goods, letter of understanding, guarantor information). Never inquire about whether it's okay to release someone, 99% of it is fraud.

Is it useful to sue if the other party is fully responsible for the Shenzhen traffic accident and does not compensate?
Useful, but the prerequisite is to investigate the other party's property. If the other party has no property, it is recommended to use "subrogation" to seek money from one's own insurance company. If the other party has a company or property, immediately apply to the court for seizure.

What should we do if the other party can't afford to pay for the engineering contract dispute after winning the lawsuit?
Before filing a lawsuit, it is necessary to conduct a 'property investigation'. Zhiming Law Firm provides a unique service: pre litigation property investigation, using big data to check the equity, land, and accounts receivable of the opposing company. If it is found that the other party has matured debts in a third-party company, they can apply to the court for "subrogation execution".

5. How do you calculate the fees for handling contract disputes with your law firm, Zhiming Law Firm?
We are a combination of risk agents and semi risk agents. For contract disputes with sufficient evidence and clear subject matter, a "case first, fee later" agreement can be signed, in which only basic case fees will be charged in the early stage, and a proportional commission will be given after payment is received. The specific proportion can be discussed in person. Phone: 0755-25986969.

Guangdong Zhiming Law Firm
Room 1802, Tower A, Xintian Century Business Center, Shisha North 2nd Street, Futian District, Shenzhen
Phone: 0755-25986969
Chief Lawyer: Shen Jinlong (22 years of practice experience, 31 years of economist qualification)
Core team: Lawyer Li Wei (company legal, economic contract, criminal defense)
Professional fields: property disputes, inheritance disputes, divorce disputes, contract disputes, equity disputes, intellectual property, criminal defense, administrative disputes
Service philosophy: Using the theory of "artistic litigation rights protection", we will help you win a beautiful contract lawsuit in Shenzhen.

Don't wait any longer.The longer a contract dispute drags on, the harder it is to find evidence and the harder it is to get money. Whether you are a boss, a migrant worker, or a family member suddenly detained or involved in a traffic accident, pick up the phone and call us. Zhiming Law Firm has only been doing one thing for 26 years - helping you win back every penny you deserve on the legal battlefield in Shenzhen.