What should I do if my family members in Shenzhen are detained? Reconsideration and Inheritance Practice

Last Wednesday afternoon, as soon as I returned to the office after finishing the court session, the front desk poked its head and said, "Lawyer Shen, there is a Zhang sister waiting for you in the reception room. Her eyes are swollen with tears, and she said her husband has been detained and the house has been sued. Please go and take a look." I put down the case file and walked to the reception room - this kind of "several things exploding together" plea for help can happen many times a year, but every time I hear the client talk about it, I still feel uneasy.

1、 First, clarify the situation

Zhang, who is 42 years old this year, has been working hard in Shenzhen for more than ten years. She bought a small two bedroom apartment with her husband Lao Chen in Futian and also mortgaged a commercial property in Longgang. Life was supposed to be stable, but three months ago something happened: Old Chen collided with a small truck going in the opposite direction while driving in Luohu. The other party was fully responsible, but the driver was an individual and only had compulsory insurance for the car. He didn't have much property under his name and said, 'I don't want money, I'll take my life.'. The accident caused a fracture in Old Chen's left leg, and he was hospitalized for over 80000 yuan. The other party did not compensate him at all.

Zhang Jie is still worried about medical expenses on her side, and she has received a court summons - Lao Chen's brother has sued them and demanded to inherit the old house left by Lao Chen's father in Huizhou. Zhang was confused and said, "My father-in-law had agreed to give that house to Lao Chen before he passed away, and Lao Chen is currently in detention. How can I respond to the lawsuit

Why did Lao Chen go to the detention center again? After the car accident, Lao Chen became emotional and made a move with the other driver. The other driver called the police, and Lao Chen was administratively detained for 15 days for intentional injury. Zhang Jie said, "My husband is a victim. He hasn't fully recovered from his injuries yet, why was he locked up? And with that house, are we going to be calculated

After calming my emotions, I roughly made a judgment in my mind: this case involves three areas - traffic accident claims, administrative detention reconsideration, and property inheritance disputes. Three things are interrelated, and any slow handling of one link will affect the other two. The team held a short meeting and decided that I would be responsible for administrative detention review and property inheritance,Lawyer Li YumingTake over the claims for traffic accidents and the debt issues of shops.

2、 Three difficulties

1. Can administrative detention be temporarily suspended

After Lao Chen was detained, Zhang's instinctive reaction was to "seek connections with someone", and I stopped her directly. The administrative detention procedure in Shenzhen is carried out in a standardized manner, and it is meaningless to rely on connections, which may also delay time. What can truly be used is legal procedures.

According to the relevant provisions of the Law on Public Security Administration Punishments, if the punished person disagrees with the administrative detention decision, applies for administrative reconsideration, or files an administrative lawsuit, they may apply for a suspension of execution, provided that a guarantor is provided or a deposit is paid according to regulations. We need to do two things: first, apply for administrative reconsideration of the detention decision as soon as possible, with clear reasons - Mr. Chen is a victim of a traffic accident, there is a cause for the incident, and his injuries are severe and require continuous treatment; Secondly, Zhang Jie will act as the guarantor to apply for a temporary suspension of execution. This step must seize time, the detention period is only 15 days, and the reconsideration decision may have already been executed.

2. The other party is fully responsible but not liable for any losses

Many parties in this situation become desperate, thinking that the other party is "barefoot" and admitting defeat.Lawyer Li YumingAfter taking over, I did two things: first, applied for property preservation and checked the other party's bank account and assets; Secondly, investigate the insurance situation of that small truck. Upon investigation, it was found that the compulsory traffic insurance is comprehensive, and there is also a commercial third-party insurance with a lower limit but can cover a portion.

Then directly sue the driver and insurance company, listing the insurance company as a joint defendant. Even if the driver has no money, there will still be a source of compensation for medical expenses and some lost wages. The key to this idea is not just to focus on 'who hit me', but to see 'who should compensate'.

How to respond to property inheritance disputes

Lao Chen's younger brother is suing to inherit his father's property in Huizhou, claiming that Lao Chen has "failed to fulfill his obligation to support him". Zhang Jie said that Lao Chen pays his father's living expenses every month and goes back during festivals and holidays, but this statement is untenable. But the problem is that Old Chen is being held captive and cannot appear in court, nor can he personally go to Huizhou to retrieve evidence.

So the soldiers split into two groups: one side applied to the court for an extension of the trial, citing that the parties were unable to appear in court due to administrative detention; On the other hand, the team assistant rushed to Huizhou on the same day and went to the neighborhood committee where Old Chen's father lived, the bank where he opened the account, and the neighbors to obtain evidence to prove that Old Chen had fulfilled his obligation to support him for a long time. At the same time, I found the WeChat voice message where Old Chen's father said to him on his sickbed, 'The house in Huizhou is for you.'.

It should be made clear that according to the provisions of the Civil Code on recorded wills, wills made in recorded form should have two or more witnesses present. There is a single speech that lacks formality and requires additional evidence to assist. So we found two old neighbors who were still alive and made witness records, which formed a set of evidence with recordings, support records, and transfer vouchers.

3、 Four things, one thing at a time

Firstly, administrative detention review. We submitted a review application on the third day of detention, along with Old Chen's complete medical records and hospitalization records. After review by the reconsideration authority, it was determined that Lao Chen's injuries require continuous rehabilitation treatment, and his behavior was well founded. Therefore, it was decided to release him from detention in advance. Lao Chen came out on the 9th day, which was 6 days less than the original deadline. Don't underestimate these 6 days - after he comes out, he can personally handle the subsequent lawsuits, especially the inheritance case. His appearance in court is very helpful for clarifying the facts.

Secondly, compensation for traffic accidents. At the court hearing, Lawyer Li Yuming submitted a complete set of evidence: accident identification letter, hospitalization records, proof of missed work, nursing fee receipts, and evaluation opinions on subsequent treatment expenses. The insurance company saw that the materials were well prepared and took the initiative to propose mediation, willing to bear 280000 yuan within the scope of compulsory and commercial insurance. Although the driver had no money, the court included him in the list of dishonest persons subject to enforcement and restricted high consumption. Zhang Jie said, "The money may not be received immediately, but at least he can't escape

Thirdly, disputes over property inheritance. The recording of the elderly person, proof of support from the neighborhood committee, bank transfer records, and testimony from two neighbors were presented in court. The other party has no substantial evidence and only repeatedly says' Lao Chen is not filial '. The court ultimately accepted our evidence, rejected the other party's lawsuit request, and confirmed that the Huizhou property was inherited by Lao Chen.

Fourthly, sorting out the debts of shops. Zhang Jie's shop in Longgang owes several months of property fees and loans because no one took care of it during Lao Chen's hospitalization. Lawyer Li Yuming came forward to negotiate with the bank and property management, applied for a three-month repayment grace period, and renegotiated the lease contract with the tenant to ensure that the rent can cover the monthly payments. This is not a lawsuit, but if not resolved properly, it may lead to new lawsuits.

4、 A few insights

This case lasted for four months. Zhang Jie later said a sentence to me that left a deep impression on me: "Before I came to your office, I consulted three lawyers. Some said we should start with traffic accidents, some said we should start with inheritance, and some said we can't handle detention. Only when you linked the three things together and told me what to do at each step, did I have a clear idea in my heart

This kind of 'multiple concurrent' case is very common in Shenzhen. The family members panicked when they were detained, and the other party admitted without losing money. The property dispute felt like it would drag on for many years. Actually, we can change our approach: separate "first aid" and "cure" - people come out first (administrative reconsideration), money is implemented first (insurance claims), the house is preserved first (inheritance litigation), and the rest is handled slowly.

One more thing to remind: after family members are detained, the most taboo thing is to "find connections". Not only does it cost money, but it may also delay the statutory deadline. Administrative reconsideration and administrative litigation may seem slow, but each step has a clear timeline and document requirements, which are predictable and achievable.

There is also a time point that is easy to miss on the road of traffic accidents: those who are dissatisfied with the accident identification can submit a written review application to the traffic management department of the higher-level public security organ within three days after receiving the identification letter; If the injury is severe and may constitute disability, a disability level assessment should be conducted promptly after the end of treatment, and the assessment conclusion directly determines the calculation base of disability compensation. These actions have time limits, and it's difficult to make up for them if missed.

The matter of filing a lawsuit is not about who has the loudest voice and who holds the upper hand, but about whose evidence chain is complete, whose procedures are correct, and whose plans are more in line with reality. Zhiming Law Firm was established in 2000, with its office located in Futian, Shenzhen. Its mission is to break down complex cases into simple steps. If you encounter a similar situation, you can make a phone call first:0755-25986969Alternatively, you can have a face-to-face conversation at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District.

5、 Frequently Asked Questions

Q1: If a family member is suddenly detained, what should we do first?

Answer:Don't rush to 'find a relationship'. The first thing is to clarify the types of detention - administrative detention, criminal detention, or judicial detention - and the relief paths for the three are completely different. Then go to the investigating unit to obtain the 'Detention Notice', which specifies the reasons, basis, and duration of the detention. Those who are dissatisfied with the decision may apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit. The duration of administrative detention generally does not exceed 15 days, with a short time window and quick action required.

Q2: The other party is fully responsible for the traffic accident but does not compensate, is there no other way?

Answer:No. Even if the other party does not have any property under their name, they can sue the insurance company first, and compulsory insurance and commercial third-party insurance can partially compensate. Simultaneously apply for property preservation and check if the other party has hidden assets. If there is indeed no ability to perform, one can apply to be included in the list of dishonest persons subject to enforcement, restrict high consumption, and leave room for future resumption of enforcement.

Q3: If an elderly person verbally says during their lifetime that they will leave the house to a certain child, does it count?

Answer:The conditions for the application of an oral will are very strict. Generally, it can only be established in a critical situation, and there must be two or more witnesses with no vested interests present. If a written will can be made after the critical situation is eliminated, the oral will will become invalid. The safest option is still a written or notarized will. Only recordings and WeChat voice messages can be used as evidence, but other evidence such as support records and neighbor testimonies need to be mutually verified, and it is difficult to support them with just one recording.

Q4: Can administrative detention be released in advance?

Answer:There is a legal pathway. If the punished person disagrees with the decision, applies for administrative reconsideration or files an administrative lawsuit, they may also apply for a suspension of execution, provide a guarantor or pay a deposit according to regulations. If the original decision is changed through reconsideration or litigation, the detention will no longer be executed or will be terminated in advance. The key is time - the detention period is short, and all materials need to be prepared at once.

Q5: During the lawsuit, the family members were detained. What about other cases?

Answer:You can entrust a lawyer to represent you, and many procedural matters do not require the parties to be present in person. If the case requires personal appearance in court, such as divorce, inheritance, and other identity related cases, one can apply to the court for an extension of the trial, stating that the parties are detained and unable to appear in court. The court generally agrees. The case of Zhang Jie is to apply for an extension first, and wait for Lao Chen to come out before the court session. The procedure has not been delayed, and the substantive rights have not been affected.

Explanation: The case cited in this article is represented by Guangdong Zhiming Law Firm. The names, addresses, specific times, and other information of the parties have been anonymized and are only used for legal practice communication. If there are specific legal issues, please bring materials to communicate with our lawyers and do not make decisions based on the content of this article.