Lawyer from the self-rescue association of households affected by the Dazhi Collapse: Apply for false seizure first. Lawyer Li Yusheng explains the legal issues related to house collapse and false seizure by builders.

TVBS News Reporters｜Zhou Rongxuan, Wu Junwei 

News link:https://youtu.be/TwIUEDZ1YcE?si=KpHRnFccWRgiUeS-

Regarding the housing tilt case on Dazhi Street in Taipei City, many affected households returned to the command post in the afternoon to write documents. Because no one was injured in this incident, and the Beijing Prosecutor's Office has not yet received a notice or report, it did not take the initiative to divide the case. Next, the residents may form a self-help association to file a lawsuit. In addition to the builders, architects, etc., the defendants may also be listed as co-defendants because the residents have made representations to the North City Council many times in the past. The lawyer also said that in addition to civil litigation, the affected households can also apply for false seizure against the builder.

Lawyer Li Yusheng explains relevant legal issues
Lawyer Li Yusheng explained that if it can be determined that the collapse of the house was caused by a nearby construction site, then the builder may be liable for related damages. As long as the residents suffer any damage caused by this, including damage to the house, damage and loss of property inside the house, and the related expenses incurred by the residents in the subsequent period when they need to find another place to live, they can seek compensation from the builder. However, if the builder is unwilling to compensate as soon as possible and needs to go through civil litigation procedures, it may be time-consuming and time-consuming. Moreover, if the builder goes out of business, even if the victims finally obtain a winning judgment, they will not be able to actually obtain compensation. In order to prevent the builder from going out of business, you can first apply to the court for leave to seize the builder's property. However, when applying for leave to seize the property, you generally need to provide a security deposit of approximately 1/3 of the claim amount, which is also a huge burden for the disaster victims.

The necessity of claiming leave and detention: safeguarding justice and protecting rights and interests

In the judicial process, the application for leave and seizure is an important legal tool and has important legal functions. The necessity of applying for leave of absence is to ensure a fair trial, protect the rights and interests of the parties and maintain judicial justice. This article will delve into the necessity of claiming leave of absence and explain its important role in the legal process.
1. Protect the plaintiff’s rights and interests
(1) Prevent asset loss
An important purpose of applying for leave and seizure is to protect the rights and interests of the plaintiff. In a lawsuit, a plaintiff may face the risk that the defendant will attempt to transfer or sell assets to avoid liability. Claiming false attachment allows the plaintiff to ask the court to freeze the defendant's property to ensure payment of compensation. This not only helps safeguard the plaintiff’s legitimate rights and interests, but also ensures that the court’s judgment can be implemented.
(2) Promote the progress of litigation
Claiming leave of absence can also speed up the litigation process. When defendants know that their property may be frozen, they are more motivated to actively participate in litigation and seek ways to resolve the dispute, such as settlement. This helps reduce the time and cost of litigation and provides parties with faster legal remedies.
2. Prevent abuse
(1) Prevent property transfer
In some cases, defendants may attempt to evade a court judgment by transferring property to friends, family, or fictitious entities. The existence of leave of absence garnishment can effectively prevent this kind of abuse. The court can trace the defendant's property and take the necessary steps to ensure that the judgment is enforced.
(2) Improve the fairness of legal procedures
Claiming leave of absence also helps maintain the fairness of the legal process. When one party owns a large amount of property, failure to file for leave of attachment may put the other party at a disadvantage in litigation. By freezing the defendant's property, the court can ensure that both parties have equal opportunities in the litigation and uphold the principle of fair competition.
3. Guaranteeing judicial justice
(3) Ensure execution of judgment
Most importantly, claiming leave of absence helps ensure that justice is done. It conveys confidence in the legal system to society by ensuring the enforcement of court decisions. When a judgment is enforced, not only does the victim receive compensation, but a positive precedent is established for future legal proceedings.
(2) Encourage compliance with the law
Claiming leave of absence sends a strong message to society that the law should be followed. It serves as a reminder that people should follow the law before the courts and not try to evade responsibility. This helps maintain legal order and encourages people to comply with legal provisions.
4. Conclusion
In the judicial system, claiming leave and detention is an indispensable legal tool to maintain fairness, protect rights and interests, and achieve judicial justice. It ensures that the rights and interests of plaintiffs are protected, prevents abuse, and provides the necessary means for the enforcement of court judgments. Therefore, the necessity of claiming leave of absence in the legal process cannot be ignored. It provides solid support for the normal operation of our legal system and social fairness and justice.

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