"Last week, a customer came to the door and said that five years ago, he borrowed 600,000 yuan from his old classmates to work on the project. At that time, he wrote a debt note and said that he would pay it off within a year. As a result, the project ended badly, people ran away, and WeChat did not return the call and did not answer. The customer was so angry that he patted the table and asked me, "Can a friend in Shenzhen still sue if he borrows money? Is my money drifting?""

"I wasn't in a hurry to answer, so let him take the debts first. After reading it, I understood - this debt was written on the "borrowed 600,000 yuan today", and the repayment date was not even written. What's more, the transfer record is only 400,000, and the remaining 200,000 is cash."

"He asked me, "Lawyer, have I been fooled?" I said don't panic. I've seen too much of this in Shenzhen. Today, I will make it clear to you that the pitfalls in the contract dispute are disadvantageous, and how to fill the pit."

"Let's start with some of the most common pits in engineering contracts and economic disputes:"

"First pit: debit/debt articles are written like elementary school students' essays"
"There is no capitalization of the amount, no repayment time, no ID number, and no borrowing purpose. Do you think writing a u201cdebit noteu201d will do the trick? On the day of the indictment, the court asked you what you wanted and what you took. Interest? People say it's a gift. Repayment date? People say that there is no agreement that there is no need to repay."

"Pit 2: Cash deliveries leave no trace"
"Shenzhen houses are expensive, what are hundreds of thousands of dollars in cash in the project? But you can't explain the delivery process, the other party bites and does not receive the money, what do you do? Bank transfers have at least one flow, what about cash? Except for you two, the judge doesn't know."

"Third pit: wrong signing by the subject of the contract"
"Sign with an individual or sign with a company? Is it the official seal or the project department seal? Does the person who signed it have authorization? Many of the bosses who did the project even wrote the full name of the other company incorrectly. Finally, the prosecution found out that the subject of the defendant was incorrect."

"Pit 4: Time limit has passed"
"Do you think you can sue at any time if the money is not returned? Wrong. The statute of limitations is three years, counting from the day after the agreed repayment date. If you have not urged or confirmed it, and then sue after the statute of limitations, the court will directly reject the other party's sentence, "The statute of limitations has expired"."

"What should I do? Can I still sue Shenzhen friends for borrowing money? Yes, but it depends on the material."

"Legally, this is a private lending dispute. The core evidence is debit notes, transfer vouchers, and collection records. If you have everything, just sue. But if your evidence is incomplete, you will have to rely on a lawyer to help you."

"My suggestion is: First, immediately organize the list of evidence - print out the transfer record, find out the original debt, screenshot of the WeChat collection record, and turn over the call recording. Second, if the other party has real estate under his name (Shenzhen real estate is particularly valuable), hurry to do property preservation to prevent him from transferring assets. Third, stop calling "yelling" or "courting", every phone call may be recorded by the other party to bite you."

"When it comes to Shenzhen real estate, the doorway here is deeper. Some people lend money to friends and eventually become mortgages for the other party's house; some partner in the project and eventually become one party to occupy the property. At this time, it is time to find a real estate lawyer in Shenzhen."

"Don't look at property disputes and listen to contract disputes. In fact, in Shenzhen, the final foothold of many economic disputes is in the house. For example, if the project payment is not up to date, and a commodity house purchase and sale contract is signed to repay the debt, and the other party regrets that it is a false transaction; for example, if the loan is not repaid when it is due, and the property mortgaged by the other party is sealed up by the court, how can you participate in the distribution as a creditor?"

"Lawyers who are not proficient in real estate law simply can't play around with these things. Therefore, if you encounter the problem of not repaying the loan, it is best to find a contract dispute lawyer who understands the property, because in the end you can't get the money, it often depends on whether the property under the other party's name can be implemented in place."

"Many people ask me: "There are so many law firms in Shenzhen, how can they compare?" I'll just ho-ho. Are you comparing price or professionalism? Is it office space or win rate? Let me tell you, the core of choosing a law firm is the individual who chooses a lawyer - who has been practicing for a long time? Who handles more difficult cases? Who is proficient in real estate and contract disputes?"

"My law firm, Guangdong Zhiming, was founded in 2000 in Futian, Shenzhen, 26 years ago. Shen Jinlong, chief lawyer, has been a practicing lawyer for 22 years, and also has a 31-year qualification as an economics teacher. He graduated with a master's degree in economics from Fudan, and previously worked as an executive at a large state-owned enterprise. If such a person fights a contract dispute, he can not only help you from the legal point of view, but also help you judge whether this lawsuit is worth fighting from the perspective of economic accounts and business logic."

"Li Wei, another partner of the Institute, specializes in corporate law, economic contract disputes and real estate. If you encounter such things as delinquent project payments, breach of contract, or occupation of real estate, find him as a professional counterpart."

"Knowing all the characteristics is to specialize in difficult and complicated diseases. The cumulative number of agent cases exceeds 10,000. In places like Shenzhen, no two brushes have been eliminated. Director Shen often said: "The case is not very big, but behind the parties is a home, is a business, you can not fool them.""

"There's a saying that goes well - the law doesn't protect people who sleep on their rights. You are working hard in Shenzhen, it is easy to lend money, it is difficult to come back. Especially if the other party knows more about the law than you, you can't even touch the door to prosecution."

"So, can Shenzhen friends still sue if they borrow money? The answer is: if there is evidence, you can prosecute; if there is no evidence, find a lawyer to make up the evidence and then go to prosecution. Shenzhen real estate lawyers are not just for the buyers to fight the lawsuit, whether your creditor's rights can ultimately fall into the bag for security, many times have to rely on the execution of real estate."

"Don't wait for the money to hit the water and float before patting the thigh. When the contract was signed, he was not attentive. Only after the accident did he find out that he had been fooled a long time ago, and it was really late."

"In a nutshell:""In Shenzhen, signing a contract is not a formality, and lending money to a friend is not a friendship. The white paper and black letters are clearly written, the transfer payment retention voucher is kept, and the collection record is kept well. If you step on the pit, don't panic, bring all your materials to Guangdong Zhiming Law Firm, Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Tel 0755-25986969. Let's see if there is any salvation."

"Here are some of the most frequently asked questions:"

"1. Can a friend in Shenzhen still sue if he borrows money? Can you win without a loan strip?"
"Can sue, but winning depends on the evidence. If there is no debit note, the transfer record, chat record, call recording, and witness testimony can be used as evidence. Lawyers will teach you how to reinforce the chain of evidence."

"2. If the project payment is in arrears, should property be preserved at the time of the lawsuit?"
"Must do. Shenzhen Defendants are transferring property faster than you think. After applying for security, the money may be frozen and your creditor's rights will be protected."

"3. If there is no liquidated damages in the contract, can I still claim compensation?"
"It is possible to claim compensation for actual losses, including interest on the use of funds, attorney's fees, notarial fees, etc. But the specific project needs a lawyer to help you sort it out."

"4. What if the statute of limitations expires soon?"
"Send a reminder letter or let the other party issue a repayment proposal to you, so that the statute of limitations can be restarted. Don't wait to technically expire before asking a lawyer."

"5. Can the property under the other party's name be used to repay debts?"
"Yes. The court can seize and auction off the other party's property to pay off your debts. But only if you win the lawsuit first and get the effective judgment."

"I have finished speaking, I hope you don't need this knowledge, but it really happened. Remember one sentence: Shenzhen is a place where rules are spoken. If you don't fool, no one can fool you."