Bought 9 million yuan worth of trust products that defaulted — how can Shenzhen investors protect their rights? A lawyer teaches you 3 key steps to recover funds.

Last winter, an investor from N

Q1: The trust contract includes a "guaranteed principal and interest" clause, but now the payment cannot be fulfilled. Can I file a lawsuit directly?

Let me start with a bucket of cold water. According to Article 31 of the *Minutes of the National Court Work Conference on Civil and Commercial Trials*, a financial institution's promise to investors of guaranteed principal and interest constitutes rigid redemption, and the clause itself is invalid. But that doesn't mean investors have no chance—the real breakthrough lies in the phrase "the seller fulfills its duty." If a financial manager, when recommending a product, fails to conduct a risk assessment, fails to fully disclose the underlying risks, or even exaggerates past returns, that violates the suitability obligation, and one may invoke the provisions on standard form clauses under Article 496 of the *Civil Code* to assert rights. The key difficulty is evidence. There are over 30,000 financial cases in Shenzhen each year, with amounts often

Q2: Private fund liquidation is nowhere in sight; what is the fastest route to get your money back?

Look at the underlying assets—don't just wait for the liquidation report. Zhiming Law Firm once handled a private equity fund dispute case. The client invested 5 million yuan in a fund management company in Futian, and after the fund matured, the manager delayed redemption by two years, citing "the underlying project has not exited." Our investigation revealed that the fund was actually invested in a shell company, and the "project party repayment" mentioned in the manager's announcement simply did not exist. We sued to terminate the contract and claim damages on the grounds that the manager failed to fulfill its duty of diligence. Ultimately, the court ruled in favor of the investor, successfully recovering the investment for the client. The whole process took 7 months, which was at least 2 years earlier than waiting for the fund liquidation. When a private equity fund blows up, managers often stall you with "delayed redemption." But as long as the underlying assets are fictitious, or the manager has misappropriated funds, you can directly pursue the breach of contract route without waiting for the liquidation process to finish.

Q3: The financing lease company towed away the equipment, do I still need to continue paying the rent?

This is the most typical dispute in financial leasing cases. Under Article 758 of the Civil Code, after the lessor terminates the contract and takes back the leased property, the lessee no longer needs to pay the remaining rent, but the lessor has the right to claim compensation for losses. The core issue is how to calculate the accounts after the equipment is hauled away. A manufacturing enterprise in Longhua, Shenzhen had its equipment hauled away by the financial leasing company in the early morning, leaving only 300,000 yuan in the company's account—not even enough to pay wages. When the boss came for consultation, he was furious: "The equipment has been taken away, why should I still pay the rent?" We intervened and did three things: checked whether the contract contained an acceleration clause; verified whether the on-site towing behavior violated the procedures stipulated in the contract; and applied for an appraisal and evaluation of the equipment's residual value. In the end, the court offset part of the rent with the equipment's residual value, helping the company reduce its payment obligation by more than 800,000 yuan. If you encounter asset repossession, don't immediately stop payments—first check the contract, then preserve evidence. Many financial leasing companies are not clean in their

Q4: If I'm sued over a bank loan dispute, can I still keep my house? Is negotiation still useful?

Useful, but timing is crucial. If a mortgage or business loan is overdue for more than 6 months, the bank has the right to claim the mortgage right on the mortgaged property in accordance with Article 406 of the Civil Code. But litigation does not mean immediate auction. Last year, we acted as an agent for a Nanshan business owner who was unable to repay a loan of 12 million yuan upon maturity. The bank sued and demanded the disposal of the mortgaged property. After we accepted the case, we did not shoulder it hard, but applied to the court for pre court mediation. At the same time, we repeatedly communicated with the bank about the cash flow status of the enterprise. Finally, the bank extended the loan for six months, and the remaining principal and interest were repaid in three years. The house has been preserved, and the company has also recovered. The core of dealing with bank loan disputes is "don't hide" - the earlier you hire a lawyer to intervene, the greater the bargaining chip. Guangdong Zhiming Law Firm is a 26 year old law firm in Shenzhen, which has represented a large number of cases. The director, Lawyer Shen Jinlong, has 22 years of practice experience and is a master's and economist from Fudan University. He has served as a senior executive in state-owned enterprises and has rich practical experience in bank lending, financing leasing, and private equity fund cases. Our firm has accumulated more than 20 years of case handling methods, emphasizing the combination of emotion, reason, and law, specializing in difficult and complex cases.
Financial and securities disputes—whether trust defaults, overdue private equity, or repossession of equipment in financial leasing—all essentially come down to how the contract was signed, where the funds flowed, whether the other party breached, and what evidence you still have in hand. Shenzhen financial cases involve large sums and long cycles; the value of a professional lawyer lies in making the right judgment at critical junctures to help you avoid a year of detours. If you are trapped by such issues, bring your contract materials to Guangdong Zhiming Law Firm (Room 1802, Building A, Xintiandi Century Business Center, Shixia North Second Street, Futian District, Shenzhen) for an in-person consultation, or call 0755-25986969 first to explain your situation—the lawyer will tell you whether there is real room for a breakthrough in your case.