Civil Law and Civil Litigation

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What should I do after I win the judgment? How to avoid the debtor's loss of property? A must-read guide for creditors in Taiwan

強制執行,脫產,欠錢不還,勝訴判決

Action guide after winning a lawsuit: the complete process from court to actual debt recovery As a lawyer who has been practicing in Taiwan for many years, I often see the gratified expressions on the faces of clients when they finally get a winning judgment after a long lawsuit. But the cruel reality is that getting a winning judgment is only the first step. The real challenge lies in how to actually make this judgment come true! In this article today, I will use a professional but easy-to-understand way to take you step by step to understand the key actions to take after winning the lawsuit, especially how to prevent cunning debtors from getting rid of their assets, so that your hard-won lawsuit will not become an "empty judgment." Why does getting a winning judgment not mean that the money will automatically go into your pocket? The cruel reality of civil judgments: execution is the key According to the countless compulsory enforcement cases I have handled, more than 60% of winning...

The bus is slippery! Passenger accidentally "falls over" and claims RMB 30,000 in compensation for registration fee. Lawyer Li Yusheng explains the legal issues and liability of passengers who fall on the bus.

公車上摔倒,台北律師推薦,台北厲害的律師

The bus is slippery! Passenger accidentally fell down on the bus and "stumbled" and asked for another RMB 30,000 in compensation for registration fee | News link from One TV reporters Lin Yiwen and Wan Jiawei: Some people in New Taipei accidentally slipped and fell to the ground while riding a bus, thinking that the driver suddenly He started unsteadily and fell. The passenger transport company said that it rained that day and the bus floor was slippery, but the driver started slowly. After the passenger fell, he was assisted and called an ambulance, but the man insisted on seeking medical treatment on his own and later requested The driver was once dissatisfied with the reimbursement of 30,000 yuan, but later the two parties reached a consensus...

A bag was lost in Phu Quoc Island and I have been receiving compensation for nearly 3 months. The bank is only willing to compensate 2/5. Lawyer Li Yusheng explains the legal issues of tour group disputes and bank disputes

富國島,旅遊爭議,銀行爭議款,消費者爭議,消費者訴訟,民事訴訟,民事訴訟律師

A package was lost in Phu Quoc Island and I have been receiving compensation for nearly three months. The bank is only willing to pay 2/5 TVBS News Reporter|Zhou Rongxuan/Photographer Zhong Yinlun News link: In February this year, there was a dispute over the loss of a package in Phu Quoc Island, and a tourist applied for the disputed payment from the credit card bank , there was originally a consensus on compensating 3/5 of the tour fee, and they also signed a letter of agreement. Subsequently, the bank continued to change the compensation amount, and finally only compensated 2/5. Passengers questioned what the consent form signed in the first place meant. The Quality Assurance Association, which initially emphasized that it would assist passengers and recover all compensation, said that the amount of disputed credit card payments is still under discussion, and the answer will be available as soon as May. Reporter Zhou Rongxuan: "Travel during the Chinese New Year and during the period...

One month has passed since the Baolin case! The victim revealed that he only received "meal refunds and condolence payments." Lawyer Li Yusheng explained the legal issues related to consumer protection law and group litigation.

寶林茶室,團體訴訟

One month has passed since the Baolin case! The victim revealed that he only received "meal refunds and consolation money" │Dongsen News reporter Liao Yiqing News link: Four people died in the Baolin case, and some were lucky enough to recover! Huang Shujun, the first critically ill patient to be discharged, revealed that he always encouraged himself when he was hospitalized. He still had many dreams that he had not yet achieved, but in the end he survived with strength. What’s the future? Many injured people and their families also want to ask who will compensate for the losses. It is understood that the insurance money has not yet been paid out, and the Beijing Municipal Legal Affairs Bureau will also assist in a class action lawsuit to seek compensation from Baolin. Lawyer Li Yusheng from Fidelity Law Firm said: "There are more than 20 victims in this case. According to the Consumer Protection Law, the Consumer Protection Law can...

The new vacuum cleaner cannot pick up hair, fish feed, and the man is angry about the false advertising. Lawyer Li Yusheng explains related legal issues such as sales disputes, product defects, and false advertising.

商品瑕疵,廣告不實

The new vacuum cleaner cannot suck up "hair and fish feed". Male anger: The advertisement is untrue. TVBS News Reporter|Zhou Rongxuan/Photographer Zhong Yinlun News link: Fish feed was spilled all over the floor. The newly arrived vacuum cleaner came in handy, but it was next to the wall. There is a dead spot where the feed cannot be sucked, and the feed may even be sprayed further and further away. Some consumers bought a vacuum cleaner and found that the effect was not as good as expected when using it. At the end of last year, Mr. Chen saw a fundraising advertisement for this vacuum cleaner on the Internet and bought it at a discounted price of 4,999 yuan. However, now that the product is on the shelves, it is 1,000 yuan cheaper than the fundraising price, and the actual use effect is far inferior to what was originally advertised. Consumers reported problems to customer service, but customer service never...

A woman who bought a super-transparent dress thinking it was defective questioned the seller and was put on trial. Lawyer Li Yusheng explains legal issues related to online shopping, sales disputes, and defamation.

網路購物,誹謗

Thought it was defective! A woman who bought a "super transparent" dress asked the seller and was put on trial|TVBS News reporter|Zhou Rongxuan and Wang Xingtang News link: Some people placed an order for a white short dress on an IG purchasing agent account, but when they received the goods, they were so dumbfounded that they wore it. The pants and skin color were all visible, so I thought it was a defective product. However, people privately messaged the seller to inquire, and the other party said that unlike a haunted house, they must be informed. If asked in advance, they would tell them. They even posted screenshots of the buyer's conversation records for the public trial. They put on a small white dress, but it was not clear what to wear underneath. It goes without saying that people like to wear resort-style dresses when going out in summer, but this really makes consumers unable to wear them...

The car was destroyed and I asked for compensation. The gateless elevated road was damaged due to gravel falling due to the earthquake. Can I ask for state compensation? Lawyer Li Yusheng explains relevant legal issues.

地震,國家賠償

Shocked by the car crash, there is no way to seek compensation│Dongsen News reporter Yang Jie'an News link: The major earthquake in Taiwan caused debris to fall on the elevated road and hit the vehicles below. Can people request compensation from the state in this situation? Lawyer Li Yusheng from Fidelity Law Firm said: "If a civil servant intentionally fails to cause harm to the people while performing official duties, the people may be able to request state compensation from the state. This bridge fell off due to the earthquake and injured people. In principle, it should be a natural disaster caused by the earthquake." "Unless there is other evidence to prove that this is the bridge's construction design or safe storage, the public has no way to request state compensation." # Earthquake # State Compensation Fidelity Law Firm…

Yang Jinhua spent 60 million to buy a luxury house and was awarded 9.42 million in damages when he terminated the contract because the view was blocked|Lawyer Li Yusheng explains the possible disputes that may arise when buying a pre-sale house

楊謹華,預售屋

Yang Jinhua spent 60 million to buy a luxury house. The contract was terminated because the view was blocked. Mirror News reporters Tong Yajun and Zhang Xinzhi News link: In 2014, artist Yang Jinhua took a fancy to this luxury pre-sale house in Neihu, Taipei City, which was advertised as the "National Tennis Park" "First row" view. Through agency sales, she bought a house plus 2 parking spaces for more than 60 million. Unexpectedly, when it was about to be completed, she found that the view of the building was blocked, so she only paid more than 17 million, then refused to pay any more and went to bookkeeping with the builder. Court. In the end, the Taipei District Court determined that the builder did not make false advertisements and determined that Yang Jinhua must pay 9.42 million in liquidated damages. Fidelity Law Firm Li…

Xiao Longnu "Xiao Ying" disappeared after being defrauded by a manufacturer and owed NT$40,000 | Lawyer Li Yusheng explains how to prevent manufacturers from non-payment or bankruptcies

廠商倒帳,廠商不付款

Little Dragon Girl "Xiao Ying" disappeared after being defrauded by a manufacturer and owed 40,000 yuan | Mirror News reporter Cui Zhaohui and Shen Mingyang News link: Xiao Ying, the captain of the "Little Dragon Girl" cheerleading team of the professional baseball team All Dragons, revealed that she was cheated! At the end of May last year, an entertainment company approached Xiaoying to participate in an event. At that time, it was agreed that the remuneration would be 40,000 yuan. However, Xiaoying complained that now 10 months have passed and she still has not received the money. There is no response from the contact window or the company phone number. , she said helplessly that she probably wouldn’t be able to get the money because the other party was suspected of running away a long time ago. How to prevent non-payment by manufacturers and avoid bankruptcies by manufacturers, lawyer Li Yusheng from Fidelity Law Firm said...

What is the process of civil litigation? How should I prepare for a civil lawsuit? Is it necessary to hire a lawyer? Professional Taipei civil lawyers tell you!

民事訴訟,民事訴訟律師,台北民事訴訟律師

Introduction to the Civil Litigation Process Civil litigation is a legal procedure for resolving disputes between private individuals. It involves the determination and protection of personal rights, property rights and legal obligations. The following is a detailed introduction to the civil litigation process: Dispute Occurrence and Communication When a dispute arises, you should first try to solve the problem through communication and negotiation. This may include direct communication with the other party or resolution through mediation, etc. Assessing the Feasibility of Litigation If the dispute cannot be resolved through negotiation, you should seek the assistance of an attorney to assess the feasibility of litigation. An attorney will help you assess the strengths and weaknesses of your case, understand your rights and legal obligations, and provide advice on whether to file a lawsuit. Filing a lawsuit If you decide to file a lawsuit, an attorney will assist you in preparing and filing a complaint. The complaint is filed against the court…

Tamsui Tiedan Store was fined NT$10,000 for illegally employing 15-year-old children to work until 21:00. Li Yusheng explained the legal issues related to the employment of child labor and the Labor Standards Act.

勞動基準法,勞基法

A Tamsui iron egg shop was fined NT$10,000 for illegally employing 15-year-old children to work until 21:00|China Television News reporters Zheng Huiliang and Zhang Desheng News link: A famous shop specializing in iron eggs and fish cakes in Tamsui Old Street in New Taipei was reported, saying that the boss Hire a female junior high school student and make her work overtime until 9pm. The New Taipei Labor Inspection Office found that the illegal facts were clear, and the store owner was fined NT$10,000 and sentenced to one year of deferred prosecution. In fact, there are many problems with employing child labor, especially those who are 15 years old and under 16 years old. They are not allowed to work for more than eight hours, and they are not allowed to work from 8 pm to 9 pm the next day. This time, the female student is 15 years and 8 months old. Just one…

Exclusive/Crooked! How come a drunk woman fell on the road and was hit by a car? Lawyer Li Yusheng explains the relevant provisions on the crime of negligent injury in car accidents and the offset of negligence in civil liability for compensation.

酒醉,刑事律師,台北刑事律師

Exclusive/Crooked! How come a drunk woman fell under a car and was hit by a car│Dongsen News reporter Yang Jian'an News link: A woman in Tamsui, New Taipei City, went out for a party and had a drink on the 14th of last month. She walked home drunk and ended up lying in the alley. She turned a corner, causing a car to pass by without noticing that she was hit and rolled over on the spot. The woman was trapped and was rushed to the hospital. Her pelvis and ribs were seriously injured, and she was even admitted to the intensive care unit. Fortunately, she passed by After treatment, he is out of danger. The detailed cause and responsibility of the accident have yet to be clarified. The driver turned left and bumped into something. The car shuddered. When he looked carefully, he saw a woman in red...