"Last week, a client came to the door and said, "Lawyer Shen, I invested 500,000 to partner with someone to open a company. The contract was clearly signed, but the other party has not shown me the ledger, and the dividend is not a penny. I checked the ranking of contract dispute law firms in Shenzhen and found that you know the law firm, so I want to ask - am I being fooled? Is this money still recoverable?""

"Looking at his anxious look, I know that victims like him, in the city of Shenzhen, are staged every day. Today, I will use the 26 years of practice experience of Guangdong Zhiming Law Firm to talk to you about the "pits" that eat people's bones in contract disputes, and what to do after you realize that you have been "deceived"."

"I. In the contract dispute, the three "pits" you fall into most easily"

"When many clients come to us, the first sentence they say is "The white paper and black letters are clearly written, how can I still be in debt?" "This is the most confusing part of the contract dispute - you think signing is equivalent to insurance, in fact, the trap is often hidden in that line of seemingly rigorous text."

"Pit 1: Ambiguous clauses - a universal excuse for the other party's "flexible interpretation""
"For example, the contract says "Party B needs to cooperate with Party A to advance the project", what is "cooperation"? To what extent is it "pushing"? These vague verbs and adjectives are the foreshadowings of the other party's future non-performance. When you find that the other party does not move at all, go to interrogate him, he will be able to get you back by saying "I have cooperated, it is the problem of the project itself". This kind of pit is""economic contract"", especially when it comes to the sharing of loans, services, and collaborations."

"Pit 2: Fraud Promise - Angels before signing the contract, demons after signing the contract"
"The client last week was typical. Before signing the contract, the partner fully agreed: "You just pay for it, I will cover all the operations, finances and dividends, you can rest assured. As soon as the money was in place, the other party began to disappear, the accounts were unclear, the cost was high, and even the company's core assets were quietly mortgaged. This kind of fraud is no longer just au201c breach of contract u201d, but a suspected criminal fraud - but often victims can only stare at it, because the contract itself is written asu201c legal u201d."

"Pit three: dissolve the impasse - you are trapped by the "company""
"There is also a very tricky type of dispute called"Shenzhen company dissolution dispute"After the collapse of several partners, the company was at an impasse and could neither operate normally nor dissolve the liquidation. If the minority shareholder wants to withdraw, the majority shareholder will not cooperate; if the majority shareholder wants to sell the company, the minority shareholder will not agree. In the end, everyone locked up with each other, the asset depreciation, credit overdraft, everyone became a loser."

"You might ask: What should I do? Can I avoid these pits in advance when signing a contract? The answer is: yes. But most people lack legal thinking and don't think about finding a lawyer until they fall in."

"II. How to solve it? Legal person's "anti-killing" practice guide"

"When you realize that you have been fooled, don't rush to quarrel with the other party, and don't post on the Internet to scold the street. That will not solve the problem, but will give the other party time to transfer assets. There are three steps to getting it right:"

"Step 1: Lock the evidence, don't startle the snake"
"Original contracts, transfer records, chat records (especially WeChat voice, text), meeting recordings, promises sent by the other party... all can be collected. Many people make a fatal mistake in this part: running to question the other party, and as a result, the other party immediately destroys the contract, deletes the chat record, and even empties the company account. Be sure to endure, find a lawyer and fix the evidence first."

"Step 2: Analyze the contract and find the other party's "destiny""
"Many seemingly u201cperfect contractsu201d have obvious flaws in the details. For example, the force majeure clause is written too broadly, for example, the only liability for breach of contract is that the amount is not enforced, for example, the dispute resolution clause is unclear. These are the bases for your counterattack. From the perspective of the "strategic rights protection theory system" invented by the law firm, each defaulter has a "red line" that he is afraid to touch - it may be a tax issue, a qualification defect, or he may have other debts. The role of a lawyer is to help you find this red line."

"Step 3: u201cPrecision Strikeu201d with Legal Tools"
"Not all disputes will be litigated. Many times, a lawyer's letter, a property preservation, or even a report to the administrative department can let the other party take the initiative to return to the negotiating table. If your goal is to recover the defrauded money, the core is u201casset preservationu201d - applying to the court for a seizure before the other party transfers the asset. Once you use this trick, the other party is often more anxious than you."

"Back to the first question:""Can the Shenzhen contract be recovered if it is cheated?""The answer is: yes, but depending on the timing. The sooner you act, the higher the chances of recovery; a delay of a day adds a little danger to the money."

"III. The role of professional lawyers: why you need not "win the lawsuit", but "get back the money""

"Many clients find a lawyer and immediately ask, "Can you guarantee that I will win the lawsuit?" My answer is: fighting a lawsuit is only a means, and getting the money back is the purpose. A truly professional lawyer must not only understand the law, but also understand business, humanity, and the other person's mentality."

"At Guangdong Zhiming Law Firm, we have two senior lawyers who have long handled contract disputes, which is suitable for solving your current dilemma:"

Shen Jinlong Lawyer"--Master of Economics, Fudan University, former senior executive of a large state-owned enterprise. 22 years of practice experience and 31 years of qualification as an economist allowed him to look at problems from the two dimensions of "law" and "business" at the same time. When dealing with equity disputes and economic contract disputes, Lawyer Shen is best at "cracking legal deadlocks with business logic". He helped a Shenzhen entrepreneur in a seemingly unsuccessful dissolution dispute, successfully forced the other party to propose a settlement through accurate shareholder rights analysis, and recovered more than 3 million investment funds."

Lawyer Li Yuming"u2014u2014 Focus on construction projects, real estate leasing, corporate debt, corporate mergers and acquisitions, marriage and family, criminal defense. Lawyer Li is characterized by a "combat faction", especially good at handling disputes involving complex assets and multiple transfers of the other party. In handling the dissolution dispute of the Shenzhen company, he has a unique "asset tracking + legal containment" approach, which can effectively prevent the outflow of assets. Last year, he took over a property chain contract fraud case. The client was so desperate that he was ready to give up. Li Lawyer finally locked the other party's hidden assets by combing through 22 related contracts and 51 transfer records, saving 80% of the losses for the customer."

"The two lawyers have one thing in common: they never draw a u201cmust winu201d pie for their clients, but they will give you a u201cworth fighting foru201d legal path. This is what a responsible lawyer should do."

"4. FAQ u00b7 3 questions you may ask"

"Q1: Shenzhen Contract Dispute Law Firm has such a messy ranking, what should I choose?"
"A: The ranking is for reference only, too much dependence on the ranking is easy to be marketing pit. The real selection criteria should be: 1) whether the firm has focused on the field of contract disputes for a long time; 2) whether the lawyer handles the case in person, or whether it is transferred to the assistant after collecting money; 3) whether there are real similar cases. In addition, be sure to have an interview to see if the lawyer's thinking is clear and if you really understand your pain points."

"Q2: I have signed the contract and paid the money, only to find out that the other party is a liar. Is it useful to call the police?"
"A: If the other party's behavior is suspected of "falsifying facts and concealing the truth", such as falsifying projects and forging qualifications, it may constitute contract fraud. It is useful to call the police at this time. However, most of the contract disputes are "civil breaches", and the public security will not file a case, so you have to go to civil litigation. If you are not sure which kind it belongs to, find a lawyer and make a "criminal cross" judgment first, don't go the wrong way."

"Q3: The company is in a stalemate, I want to quit, but the majority shareholder does not agree, what should I do?"
"A: That's typical."Shenzhen company dissolution dispute"According to Article 182 of the Company Law, if there are serious difficulties in the operation and management of the company, the continued existence will cause significant losses to the interests of shareholders. If it cannot be solved through other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company. However, this threshold is not low, and it is necessary to prove that the u201cdeadlocku201d has been formed and cannot be solved. It is best to try "other ways" such as internal reconciliation and equity transfer under the guidance of professional lawyers, and it is really impossible to go through litigation again. Remember: Before dismissing a lawsuit, you must first lock up the company's assets to prevent the other party from hollowing out."

"Finally, I would like to say a heartfelt word: the most afraid of contract disputes is not "losing", but "dragging". The other party and you spend time, the purpose is to let you give up, let you compromise, let you accept unfair reconciliation because it is "not worth it". So, don't hesitate to act as soon as you find something wrong. Pick up your mobile phone and dial 0755-25986969, or go directly to Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, to meet with Shen Jinlong or Li Yuming."

"We know that the law firm has been established for 26 years and has accumulated a large number of real winning cases in the field of contract disputes in Shenzhen. We do not promise to "win", but we promise that in every case, we will use an original strategy to defend the rights system to the end. Use our expertise to turn your u201cdeceptionu201d into a u201cpriceu201d for the other person."

"Remember: a contract won't protect you, but someone who knows the contract will."