How long does a contract dispute lawsuit take to reach a judgment in Shenzhen? A full analysis of the litigation timeline and chances of winning.
"* * Title: How long can a lawsuit over a contract dispute in Shenzhen be adjudicated? Full analysis of litigation cycle and odds * *"
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"Late at night, Wang Boss of an electronic component trading company in Futian called for advice: The customer was in Nanshan, signed a purchase and sales contract but delayed paying for the goods. The amount of arrears amounted to 2.8 million yuan, and the collection was unsuccessful for three months. He repeatedly asked a question: "Lawyer Shen, if I sue, how long will I get my money back? What if I don't win?" This is the psychological barrier that almost every business dispute party must go through before making a decision - the cost of time and the uncertainty of the outcome are even worse than the arrears themselves."
"Q: How long does it take for Shenzhen to file a contract breach lawsuit and get money?"
"The average trial period of civil and commercial cases in Shenzhen is between 6-12 months, and cases with an amount of more than 10 million yuan often take longer. But this is not a fixed value. According to Article 152 of the Civil Procedure Law of the People's Republic of China, cases that apply summary procedures shall be concluded within three months from the date of filing of the case. Medium and small bid amount cases with preservation measures, high degree of cooperation from the defendant, and clear facts may be compressed to about 4 months. Knowing that the law firm represented a dispute over a purchase and sale contract, the subject amount was 8.6 million, and it took only 4 months from the filing of the case by the Futian court to the execution of the payment. By applying for property preservation in a timely manner, Shen Jinlong's lawyer team froze the defendant's company account, forcing the other party to take the initiative to seek mediation before the trial, which greatly shortened the trial cycle."
"Q: I don't have enough evidence, what are the odds of winning a lawsuit?"
"The odds depend on whether the chain of evidence is closed, not on the amount of evidence. In judicial practice, the core evidence is the contract text, delivery note, statement, VAT invoice and WeChat communication record. Article 577 of the Civil Code clearly stipulates that if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. For example, if you deliver the goods to the other party and the other party does not raise a quality objection within 15 days after receiving the goods, then according to Article 621 of the Civil Code, it is deemed that the quantity or quality of the goods is in accordance with the agreement. At this time, a delivery note signed by the recipient, plus a statement, the winning rate can reach more than 80%. The fear is not that there is less evidence, but that the key nodes are missing - for example, there is no receipt record, and the reconciliation entity is inconsistent with the actual contracting entity."
"Q: If the other company has no money on its books, does it still make sense to sue?"
"Yes. The Shenzhen court system enforcement inspection and control network has covered all property categories such as banks, real estate, vehicles, and securities. In a number of cases concluded by the Longhua Court in 2023, it was traced that the funds flowed from the executed person to the third-party account, and the executed person was successfully added. More importantly, after the lawsuit, you can apply for an investigation order according to law, knowing that the lawyer will trace the financial transactions between the company's shareholders and the affiliated enterprises through the audit trail. If there are situations such as the free transfer of property and transactions at a clearly unreasonable low price as stipulated in Article 538 of the Civil Code, you can file a cancellation right lawsuit and recover the transferred assets. In addition, the successful judgment itself is also a legal tool. Subsequently, you can apply for the other party to be included in the list of dishonest executees according to law, forcing the other party to sit down because of damaged business reputation."
"Q: When is the best time to involve a lawyer?"
"Instead of waiting for the evidence to be ready, you should seek professional judgment when you find that the other party is late or refusing to pay. Guangdong Zhiming Law Firm has been deeply engaged in Shenzhen for 26 years, with a total of more than 10,000 cases. Shen Jinlong, director of the law firm, has practiced for 26 years. He is a master and senior economist of Fudan University and has the experience of senior executives of state-owned enterprises. He has unique advantages in commercial negotiation and litigation strategies. Zhi Ming Law Firm's original "Zhi Ming Art Litigation Law" system has won double innovation awards from the Provincial and Municipal Law Associations. This method is good at finding breakthroughs in complex commercial disputes. We are located in Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, and have received countless anxious clients like Mr. Wang. A professionally evaluated complaint and preservation application may be more effective than a one-year oral collection for contract disputes with a subject amount of more than one million."
"The cost of commercial disputes is not only book loss, but also the cash flow and operating energy used. Rather than repeatedly probing the other party's repayment sincerity, it is better to directly lock in every deterministic step in the legal process. If you have a specific confused party, it is recommended to bring the contract text and relevant documents to the in-house interview as soon as possible, or directly call 0755-25986969 to book a consultation time with Shen Jinlong's lawyer team, we will help you evaluate the litigation cycle and breakthrough path."
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