Last Wednesday afternoon, right after I finished a court session and returned to the firm, the front desk girl poked her head in and said, "Lawyer Shen, there's a woman named Sister Zhang waiting for you in the reception room. Her eyes are all swollen from crying. She says her husband has been detained and someone has taken over their house. Please come quickly." I set down my case files and headed straight to the reception room—this kind of "double whammy" plea for help happens dozens of times a year at our firm, but every time I hear a client's story, it still tugs at my heart.

First, don't panic. Let's sort out this case from the beginning.

Sister Zhang is 42 years old and has been working hard in Shenzhen for over a decade. Together with her husband, Lao Chen, she bought a small two-bedroom apartment in Futian and also took out a mortgage on a shop in Longgang. Life was going pretty steadily, until three months ago when something happened: Lao Chen was driving in Luohu and collided with a small truck going the wrong way. The other driver was at fault, but he was a self-employed individual whose car only had compulsory insurance, and he had no property under his own name. He said, "I have no money, and if you want my life, take it." The accident left Lao Chen with a fractured left leg, and hospital bills totaled over 80,000 yuan. The other party hasn't paid a single cent.

Zhang Jie is already worried about medical expenses when suddenly she receives a court summons—Lao Chen's younger brother, her brother-in-law, is suing the couple, demanding to inherit an old house in Huizhou left by Lao Chen's father. Zhang Jie is stunned: "My father-in-law made it clear before he passed that the house was for Lao Chen, but now Lao Chen is in detention—how am I supposed to respond to the lawsuit?"

"Wait, how did Lao Chen end up in detention again?" As Sister Zhang said this, tears started streaming down her face again. It turned out that after the car accident, Lao Chen got emotional and got into a physical altercation with the other driver. The other driver called the police, and Lao Chen was given a 15-day administrative detention for intentional injury. Sister Zhang said, "Lawyer Shen, my husband is the victim here. He hasn't even recovered from his hospital stay, so how did he end up locked up? And what about the house—are we being set up?"

I calmed Sister Zhang down a bit and already had a rough judgment in mind: this case involves three legal areas—Claim for compensation in traffic accident, reconsideration of administrative detention, real estate inheritance disputeMoreover, each section is interconnected. If any link is handled slowly or incorrectly, the whole game is lost. Our team had a brief meeting and decided that I (Shen Jinlong Lawyer) Responsible for administrative detention review and real estate inheritance part,Lawyer Li YumingHandle traffic accident claims and the creditor and debt issues of commercial properties.

II. Analysis of Difficulties: Three "mines" buried in one pit.

This case has three core difficulties. Let's discuss them one by one.

Can administrative detention be lifted early?

After Lao Chen was detained, Sister Zhang's first reaction was to "find connections," but I stopped her directly. The administrative detention procedures in Shenzhen are very strict; it's useless to look for anyone. We have to follow legal channels. The problem is that Lao Chen himself is the victim of a traffic accident, and his injuries haven't fully recovered yet. Although the detention center has medical facilities, it's still not as convenient as being at home.According to Article 107 of the Public Security Administration Punishments Law, administrative detention may be temporarily suspended if the party concerned files an administrative reconsideration or administrative litigation and provides a guarantor or a deposit.

All we need to do is two things: first, immediately file for administrative reconsideration of the detention decision, on the grounds that "Lao Chen is a victim of a traffic accident, his emotional agitation after the incident was justified, and his own injuries are severe, so continued detention may increase health risks"; second, have Sister Zhang act as a guarantor to apply for a suspension of execution. This step must be done quickly, because the detention period is only 15 days, and the reconsideration result might come out after the detention has already been carried out.

The other party is fully at fault but refuses to pay compensation, what should I do?

Many clients feel desperate in such a situation, thinking the other side is a "barefoot" person with nothing to lose, so they resign themselves to the loss. But we can't do that.Lawyer Li YumingUpon taking over, I immediately did two things: first, applied for property preservation to check the bank accounts and assets under the small truck driver’s name—though he claimed he had no money, you never know if something might turn up. Second, looked into the insurance situation of that small truck. It turned out that the vehicle had compulsory traffic insurance in order, along with a commercial third-party liability policy, though the coverage was low (500,000 RMB). But whether it’s sufficient is one thing; getting it is what matters. Attorney Li directly filed a lawsuit in court against the driver and the insurance company, bringing the insurance company into the case, which at least ensures that medical expenses and part of the lost wages are covered.

3. How to fight a property inheritance dispute?

Old Chen's younger brother filed a lawsuit to inherit their father's property in Huizhou, on the grounds that Old Chen "failed to fulfill his filial duties." Sister Zhang told me that Old Chen sends living expenses to his father every month and goes back for holidays, so the accusation of "failing to fulfill filial duties" is completely groundless. However, the problem is that Old Chen is currently in custody and cannot appear in court or personally go to Huizhou to gather evidence. So we are splitting our efforts: I will apply to the court for a postponement of the trial on the grounds that "the party cannot attend court due to administrative detention, which constitutes a force majeure event"; meanwhile, a team assistant immediately flew to Huizhou to collect evidence from the neighborhood committee, bank, and neighbors where Old Chen's father lived, proving that Old Chen had long fulfilled his filial duties. At the same time, we also found a recording made before Old Chen's father's death—a WeChat voice message in which he said to Old Chen from his hospital bed, "I leave the house in Huizhou to you"—although its form is not as standardized as a written will.According to Article 1137 of the Civil Code, a recorded oral will is also valid if there are two or more witnesses.We found two old neighbors of Old Chen's deceased father to take witness statements.

III. Agency Process: Every step must be on point.

The case involved four "battles" over a period of four months, but the results were solid.

First session: Reconsideration of administrative detention.We submitted an application for reconsideration on the third day of detention, along with Lao Chen's complete medical records and hospitalization records. After review, the reconsideration authority determined that Lao Chen's injury condition indeed required ongoing rehabilitation treatment, and that his actions were justified by circumstances

Second Session: Traffic Accident Claim.When the court is in session,Lawyer Li YumingAll the evidence was submitted in court: the accident determination letter, hospitalization records, proof of lost income, nursing expense receipts, and the follow-up treatment cost assessment report. Seeing how thoroughly we had prepared, the insurance company proactively proposed mediation, agreeing to pay 280,000 yuan within the scope of compulsory insurance and commercial insurance. Although the other driver had no money, Lawyer Li applied to the court to have him added to the list of dishonest judgment debtors and restrict his high-consumption activities. Sister Zhang said, "Even though we might not get all the money right away, at least he's on the blacklist now—he won't be able to run away."

Third Session: Real Estate Inheritance Dispute.In court, we presented the recording from Old Chen's father, the neighborhood committee's support certificate, bank transfer records, and testimony from two neighbors. The younger brother-in-law had no substantial evidence whatsoever, just insisting that "Old Chen is not filial." The judge ultimately accepted our evidence, ruled to dismiss all of the younger brother-in-law's claims, and confirmed that the Huizhou property would be solely inherited by Old Chen. On the day Sister Zhang received the judgment, she cried at the law firm, saying: "Lawyer Shen, you not only saved my husband but also kept the house. My son and I finally have a place to call home."

Fourth Session: Sorting Out Shop DebtsSister Zhang's shop in Longgang has been delinquent on several months of property management fees and loan payments because Lao Chen didn't take care of it while he was hospitalized.Lawyer Li YumingLi negotiated with the bank and the property management company on their behalf, securing a three-month grace period for repayment. He also renegotiated the lease contracts with the tenants so that the rent could cover the monthly mortgage payments. Although this was not a litigation matter, a failure to resolve it could have led to new lawsuits. Lawyer Li helped them completely eliminate that risk.

IV. Results and Insights: Litigation is not about being "aggressive," but about being "precise."

This case was handled by our team for four months, and the fee wasn't particularly high, but what Sister Zhang said at the end left a deep impression on me: "Lawyer Shen, before I came to your firm, I consulted three lawyers. One suggested handling the traffic accident first, another said to deal with the inheritance first, and another said there was nothing they could do about the detention issue. Only you all connected the three matters together and told me exactly what steps to take. That's when I finally felt reassured."

To be honest, cases with multiple concurrent issues like this are very common in Shenzhen. Many people panic as soon as they hear that a family member has been detained, give up as soon as they hear the other party won't pay compensation, and think it will take years of litigation as soon as they hear about a property dispute. But we lawyers,The key is to help the person involved separate "first aid" from "radical cure."——First, get the person out (administrative detention reconsideration), secure the money (traffic accident claim), and protect the house (inheritance dispute); the rest can be handled gradually.

Additionally, there's one more point I'd like to share with colleagues and the parties involved.The success rate of administrative detention reconsideration in Shenzhen is actually not low, but many people are unaware of it or afraid to pursue it.After a family member is detained, the biggest taboo is "pulling strings," which not only wastes money but may also delay legal procedures. Pursuing administrative reconsideration or administrative litigation, while time-consuming, is at least lawful and controllable. Our law firm handles no fewer than 20 such cases each year, and in most cases, the detention is lifted early or the number of days is reduced.

Finally, one more thing: winning a lawsuit is not about who shouts the loudest, nor who has the strongest connections, but ratherWhose chain of evidence is complete, whose procedure is correct, and whose strategy is flexible enough?For 26 years, our Zhiming Law Firm has been rooted in Futian, Shenzhen, doing the work of "breaking down complex cases into simple steps." If you encounter a similar situation, don't panic, just give us a call:0755-25986969, or directly come to Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District for a cup of tea, and we can chat face to face.

5. FAQ: What to do if a family member is detained in Shenzhen?

Q1: A family member has been suddenly detained, what should I do first?

答：Don't panic, and don't rush to "pull strings." The first thing is to identify the type of detention—whether it's administrative detention (usually no more than 15 days), criminal detention (possibly involving a crime), or judicial detention (ordered by a court). Then, immediately go to the case-handling unit to obtain the "Detention Notice," which will state the reason, legal basis, and duration of the detention. If you feel it's unjust, you can apply for administrative reconsideration or file an administrative lawsuit—our law firm handles many such cases each year.Shen Jinlong LawyerRich experience in this area.

Q2: If the other party is fully at fault in a traffic accident but refuses to pay compensation, is there no way to deal with it?

答：No. Even if the other party has no money under their name, you can still sue the insurance company first; the compulsory traffic insurance and commercial third-party liability insurance can cover part of the compensation. In addition, you can apply to the court for asset preservation to check if the other party has any hidden assets. If the other party is indeed destitute, then applyLawyer Li YumingI have handled many cases of these "deadbeat" debtors and know ways to make him suffer.

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

答：Oral wills have very weak legal validity unless there are two or more disinterested witnesses present who can verify that the elderly person was mentally clear at the time and that the will truly reflected their intentions. The most reliable approach is to create a written will or have it notarized. If only a recording or WeChat voice message exists, it can still be used as evidence, but it requires supporting evidence such as records of caregiving or neighbor testimonies. In handling inheritance disputes, we emphasize "cross-verification through multiple chains of evidence," and relying solely on a single recording makes it difficult to win a lawsuit.

Can someone be released early from administrative detention?

答：Yes. According to Article 107 of the Public Security Administration Punishments Law, if the detainee or their family files for administrative reconsideration or administrative litigation and provides a guarantor or pays a deposit, they may apply for a suspended execution of the detention. If the reconsideration or litigation is successful, the detention can be lifted early. Our team has handled many such cases—the key is to act quickly, as the detention period is short and cannot be delayed.

Q5: During a lawsuit, a family member is detained. What about other cases?

答：This question is quite practical. First, you can entrust a lawyer with full authority, and the party does not need to appear in court in person. Second, if the case requires the party's personal appearance (such as identity-related cases like divorce or inheritance), you can apply to the court for a postponement on the grounds that "the party is detained, which constitutes force majeure." The court will generally agree. When handling Sister Zhang's case, we first applied for a postponement and waited until Lao Chen was released to hold the hearing, which neither affected the procedure nor the substantive rights.

Disclaimer: The cases cited in this article are all real cases handled by Guangdong Zhiming Law Firm. However, the names, addresses, specific incident times, and other information of the parties involved have been anonymized. This article is intended solely for sharing legal practice experience. For specific legal issues, please directly contact the lawyers of this firm for individual case consultation. Do not attempt to match your own situation to the content of this article or apply it to make legal decisions.