Chapter 57: Case Filing and Mediation
After leaving Wan Henghao’s home, Su Bai let out a long breath. He had already learned Wan Henghao’s claims, sought the other party’s opinion, and signed the representation entrustment agreement.
Wan Henghao’s litigation request was very simple, namely to recover his money.
As for sending the boss into prison, if that could be achieved it would be very good, and if it could not be achieved then recovering the money would also be acceptable.
After signing the representation entrustment agreement, on the way back to the law firm, Li Xuezhen looked at Su Bai curiously. “In this lawsuit, can we send the other party’s boss into prison?”
Su Bai: “?”
Why did she keep thinking about sending the other party’s boss into prison?
Based on the evidence submitted by Wan Henghao, this lawsuit was certain to succeed.
However, regarding whether the other party could be sent into prison, he truly had no certainty. At present the issue was whether the matter would even proceed to trial.
It was possible that the other party might directly reach a settlement before trial, Wan Henghao would obtain his money, everything would be resolved satisfactorily, and their law firm would also obtain the lawyer’s fees.
This would be beneficial in two respects and very satisfactory.
If the other party stubbornly insisted on proceeding to trial, then based on the existing evidence, sending the other party into prison would not be difficult.
The difficulty lay in how to ensure that the punishment imposed on the other party would be heavier and more severe.
This was the real difficulty.
After all, for malicious wage arrears, the punishment determined in itself would not be particularly severe.
Su Bai looked at Li Xuezhen, whose gaze remained clear and still contained a sense of innocence.
Today Li Xuezhen was wearing a short sleeved shirt printed with Pikachu’s large eyes, and Pikachu’s clear eyes together with Li Xuezhen’s naive expression created an excellent impression.
“Do you still remember what the previous five lessons were?”
Li Xuezhen’s small face became serious and she nodded repeatedly. “I remember.”
“The first lesson was understanding social relations.”
“The second lesson was handling matters after receiving payment.”
“The third lesson was that the more angry the other party is, the more advantageous it is for us.”
“The fourth lesson was to respond flexibly to changing circumstances.”
“The fifth lesson was that there is no absolute justice.”
After speaking, Li Xuezhen blinked her eyes and looked toward Su Bai, and her intention was very obvious.
Su Bai smiled and nodded. “Very good.”
“Now I will teach you the sixth lesson. Everything must be centered on the client’s demands.”
“Think about the cases we have handled. Have they all resolved the client’s demands?”
“Yes.”
Li Xuezhen answered without any hesitation.
“Then what is Wan Henghao’s demand?”
Su Bai guided her step by step.
Li Xuezhen remained silent for two seconds. “To recover the money, and then also to send the boss into prison. Lawyer Su, think about it. That boss did not pay him wages for two years. Would the client not want to send the other party into prison?”
Su Bai:
In that case, there was some logic to it.
Wait, that was not correct.
How had he been led off course?
“Lawyer Su, am I correct?”
Looking at Li Xuezhen, who had a smiling expression on her face, Su Bai nodded seriously. “Very good. That is correct.”
At the same time, Su Bai silently thought to himself that at present it seemed that Li Xuezhen possessed at least one and a half measures of calculation.
Regarding Wan Henghao’s case, it very quickly entered the stage of case filing.
As for the definition of malicious wage arrears, it was actually rather vague and not easy to process through case filing.
The specific criminal offense corresponding to malicious wage arrears in criminal law was the offense of refusing to pay labor remuneration.
However, Wan Henghao had previously already submitted a labor protection application to the labor supervision authorities.
Since Wu Qi had refused to pay remuneration and the prerequisite administrative procedure had already been completed, it was possible to directly apply for case filing.
After the case filing was completed, the court quickly notified both parties in preparation for out of court mediation.
The court’s notice of out of court mediation quickly arrived at Wu Qi’s home.
When Wu Qi received the court’s telephone call he said, “Yes, yes, the court, I understand. I will certainly cooperate well in the mediation. Please rest assured, the court.”
After hanging up the telephone he said, “Wan Henghao actually sued me in court, did he?”
“I do have money. So what if I have money? Did I not earn that money through my own hard work?”
At this moment it was exactly as the saying goes, I borrowed the money through my own ability, so why should I repay it?
I simply will not repay it.
Wu Qi narrowed his eyes slightly. Even if he spent the money on lawyers, he still would not repay it.
He did not believe that he truly had to repay this money.
After calming down, Wu Qi made a telephone call to an old friend.
“Old Fang, yes, I want to ask which law firm you used last time when you litigated.”
“Yes.”
“It is still those workers. I do not have money and yet they insist that I repay them and even brought me to court. What can one say about this situation?”
“If I had money I would have paid them, but I do not have money. There is no property under my name. How can I repay them?”
“This is the company’s debt, not my personal debt. Are they not simply bullying an honest person by demanding payment from me?”
“Yes, yes.”
“It was still Nanyuan Law Firm? Civil matters, civil disputes.”
“Alright, then I will hang up first. I will contact you again when I have time.”
After hanging up the telephone, Wu Qi contacted a labor law lawyer at Nanyuan Law Firm.
His current situation was that he had money but simply did not wish to pay. It was not that he could not afford to pay the money, but rather that he wanted to maintain his pride.
If I give it to you, then it is because I choose to give it to you. If you demand it from me, then I will delay you.
This was characteristic of an unscrupulous employer.
Very soon the call was connected, and the lawyer from Nanyuan Law Firm arranged for Wu Qi to come to Nanyuan Law Firm to discuss legal representation.
Inside Nanyuan Law Firm.
Wu Qi looked at the lawyer in front of him with a smile.
“Lawyer Zhang, regarding this labor law case, that employee is asking me for money but I truly do not have any money.”
He spread his hands.
“Moreover, that Wan Henghao signed a labor service contract with the company, and at present I am no longer a creditor of the company.”
“Furthermore, regarding the company’s debt issues, is it appropriate for the other party to ask me for payment?”
“Lawyer Zhang, what do you think?”
After listening to Wu Qi’s words, Zhang Xiao nodded slightly and asked several further questions.
“At present the company’s creditor rights no longer have any connection with you, correct?”
“Yes, they have already been completely transferred to someone else.”
“When the transfer was made, was the debtor notified?”
“Yes, notification was made. I even have chat records as evidence.”
“Your litigation claim can be summarized in one point, namely that this debt belongs to the company and is not your personal debt issue, correct?”
“Yes, yes, Lawyer Zhang, that is exactly my litigation claim.”
Zhang Xiao smiled slightly.
“I have already understood your litigation claim. If you intend to entrust representation, then the representation agreement can be signed.”
“Lawyer Zhang, I would like to ask whether in this lawsuit we can”
Zhang Xiao did not respond directly and instead asked a question.
“At present the creditor rights issue no longer concerns you, and the contract he signed was with the company, so why is he asking you for money?”
“At present you no longer have a debtor creditor relationship. Is it appropriate for him to demand payment from you?”
After hearing these words, Wu Qi suddenly slapped his thigh and laughed happily.
“With Lawyer Zhang’s words I am reassured.”
That was correct.
The company owed the money, and I am no longer a creditor of the company, so why should they demand money from me?
They still expect me to pay.
He thought with concealed satisfaction.
If they want money there will be no money. If they want my life they will not get it. What can they do?
I simply will not repay the money. What can they do?
Wu Qi thought this secretly to himself.