I successfully represented an appeal case in a payment dispute: 2.22 million yuan in payments recovered.
[Lead Attorney: Zhiming Law Offices] In the case of Xu XX, owner of a steel products business in Bao'an District, Shenzhen, suing a company in Dongguan over a payment dispute, our firm's attorney Zhiming represented Zhu XX in both the first and second instance trials. Despite numerous twists and turns, the appeal ultimately succeeded and the outstanding payment of 2,224,970 yuan was recovered.
The focus of the case is: the delivery note provided by Xu XX bears the signature of Liu XX, General Manager of a certain Dongguan company, but the name after the character "Liu" has been crossed out. Liu XX insisted during the first-instance trial that the signature on the delivery note was made by mistake, and therefore crossed it out. The first-instance judge held that "Xu XX cannot prove that the signature in this style is that of Liu XX, so Liu XX's signature has no legal effect," and accordingly dismissed Zhu XX's claims. The appellate arguments submitted by our firm's lawyer are as follows:
1. As the legal representative of the company with normal capacity for civil conduct, Liu XX could not have misunderstood the plainly evident contents of the receipt, and his signature signifies confirmation of the existence of the creditor's right.
II. Liu XX's expression of intent to negate or revoke must be explicit and supported by legitimate grounds; the court of first instance cannot make one-sided inferences.
III. The court of first instance erroneously allocated the burden of proof, resulting in the plaintiff Xu XX losing the case.
The court of second instance fully adopted the opinions presented by our firm's attorneys, determined that Liu XX's signature was valid, and ruled that Liu XX and his company were ordered to pay Xu XX's payment for goods amounting to 2,224,970 yuan. Relying on extensive experience and superb skills, Zhiming lawyers successfully handled this appeal case, restored the true facts of the case, and ultimately enabled Xu XX to recover the payment of 2,224,970 yuan after failing to collect it in the first instance. After the victory, the client, Xu XX, expressed high appreciation for our firm's attorneys' professional dedication, level of practice, and case outcomes.