Chapter 56: Are You Interested in Adding Some Additional Claims?
The scale of this labor law case was not particularly large, and the lawyer's fees were not substantial.
However, at present the law firm was only gradually beginning operations, and encountering civil cases with lawyer's fees of several hundred thousand yuan like the Zhang Tongwei case was not very easy.
The law firm could not become large and strong in a single step, and Su Bai understood this principle clearly.
Su Bai and Li Xuezhen took a taxi and arrived at the address provided by the woman.
The address was located in an urban village area.
Inside the room, the man was lying on the bed, and his complexion did not appear very good.
After seeing Su Bai and Li Xuezhen arrive, the woman appeared somewhat uneasy.
"Lawyer Su, the house is a bit messy and there is nothing suitable to offer you. I will pour you a glass of water."
While speaking, the woman poured a cup of plain water for both Su Bai and Li Xuezhen.
The man coughed lightly at the side, and his weathered face was filled with apology.
"I am sorry, Lawyer Su, for making you come such a long distance."
Su Bai smiled and shook his head. "This is our work. There is no need to apologize."
He then signaled Li Xuezhen to prepare to take notes.
The man was named Wan Henghao, and the woman was named Ye Jiao.
"Mr. Wan, regarding the entrustment, we have already heard a general description from Ms. Ye earlier."
"However, regarding the specific detailed circumstances and certain other necessary matters, we still need to hear the opinion of you as the party concerned."
"Alright. I understand."
Wan Henghao nodded and spoke with a serious expression. "I will cooperate with Lawyer Su."
Su Bai nodded and conducted a brief inquiry into the general circumstances.
Su Bai had already understood that Wan Henghao worked at a construction company.
For two years he had not been able to recover his wages and had even advanced certain material expenses.
He wanted payment.
He wanted to obtain his lawful and legitimate money.
This was Wan Henghao's claim.
After confirming the issue of the claim, Su Bai asked several key questions.
"Mr. Wan, did you sign a labor contract with the company at that time?"
"Yes, I did."
Wan Henghao had already prepared the relevant documentary materials.
While speaking he took the contract from a bag at his side and handed it to Su Bai.
"Lawyer Su, this is the labor contract that I signed with that construction company at the time. Please have a look."
Su Bai accepted the labor contract and briefly examined it. There were no significant problems, and it was a normal labor service contract.
"There are no major problems with the contract. During these two years, did you apply for labor protection?"
"Labor protection?"
"The general meaning of labor protection is whether you applied to the relevant labor law enforcement authorities to safeguard your rights."
"Yes, I did."
Wan Henghao nodded seriously.
"One year ago I applied to the labor supervision law enforcement department and also submitted my opinions and documentary evidence."
"The submitted materials and evidence were relatively complete."
"The relevant law enforcement department came to communicate with the other party. During the mediation at that time the other party spoke very well and said that after the company's subsequent funds arrived they would pay my wages."
"However, afterward the other party continued to delay and did not pay."
"Moreover, they kept speaking kindly to me and continued delaying matters until I could no longer endure it."
"When I went to demand payment from him, he directly said that he had no money and told me to file a lawsuit against him or go to the labor law enforcement authorities."
"In short, he said he had no money, but he had just changed to a new Mercedes Benz worth five or six hundred thousand yuan. I know he has money. He simply does not want to pay me."
"I also went to the labor law enforcement authorities, but they said they had already ordered the other party to pay my labor remuneration and that there was nothing further they could do and told me to find my own solution."
"However, from the current situation it appears that he had already taken the money away long ago and probably did not leave any funds behind, which is why he has such confidence in telling me to sue as I please."
"Lawyer Su, in such circumstances can I still recover the money that belongs to me?"
"What if the other party stubbornly refuses to pay me or if there is no executable property? From the tone of the other party it seems that he is not afraid of me filing a lawsuit at all."
While speaking these words, Wan Henghao's brows were tightly furrowed and he fell into deep concern.
Su Bai smiled gently and comforted him.
"Please rest assured. Regarding your litigation, our law firm has already obtained a general understanding."
"We will first file the case and apply for property preservation. If the company truly has no executable property, then we must first examine the current equity structure of the company."
"Oh, by the way, how many shareholders does that construction company have?"
Wan Henghao shook his head. "I do not know how many shareholders there are. I only know that behind that construction company there seems to be a major controlling owner."
Su Bai took out his mobile phone. "Is the name of the construction company Tianlan Construction Co., Ltd.?"
"Yes."
After hearing Wan Henghao's response, Su Bai nodded slightly and checked the relevant information of Tianlan Construction Co., Ltd. on the enterprise information platform.
Apart from Wu Qi, who according to Wan Henghao held forty percent of the shares, there were two other shareholders.
They were Xie Yu, who held fifty one percent, and Dong Qiang, who held nine percent.
Tianlan Construction Co., Ltd. had registered capital of eight million yuan and paid in capital of five hundred thousand yuan.
However, these were the shareholders prior to the transfer of creditor rights.
At present the creditor rights had been assumed by two disreputable individuals acting as substitutes.
After sorting out the contradictions before and after the creditor rights transfer of Tianlan Construction Co., Ltd. and the equity structure before the completion of the transfer, the corner of Su Bai's mouth lifted slightly.
According to Wan Henghao's description, the owner of Tianlan Construction Co., Ltd., Wu Qi, had clearly already taken the money, adjusted the equity structure, and was preparing to leave without paying this debt.
Moreover, it appeared that he currently had no property under his own name.
One of the reasons why he had such confidence was that he was not afraid of litigation or enforcement against company property.
This was because the company at present was completely an empty shell.
It had no funds.
It was simply impossible to recover the debt from the company itself.
However, in company law there is a legal provision called a defective shareholder.
A defective shareholder bears supplementary liability for corporate debts, which in the simplest terms means that if Wan Henghao could not recover the money from the company, he could pursue Xie Yu and Dong Qiang, these two defective shareholders, and require them to repay the debt.
If Wu Qi had no money, then that did not matter. It would be sufficient if the other shareholders had money, and if the other shareholders had money then recovery could be pursued from them instead.
There would be no need to rely on Wu Qi.
Moreover, it would be entirely possible to proceed without waiting for him to make supplementary payment and instead directly initiate proceedings against him for malicious wage arrears and malicious evasion of debt.
You drove a Mercedes Benz and lived extravagantly while I worked without pay for two years, and yet you were still not afraid that I would file a lawsuit.
Very well.
It would be sufficient simply to file a lawsuit and see whether your resistance was stronger or whether the law was stronger.
Su Bai revealed two small white teeth in a smile. "Based on the current analysis, our law firm can very likely help you recover the property that you are entitled to. Are you interested in adding some additional claims?"
Wan Henghao: ???
Ye Jiao: ???
Li Xuezhen: !!! (a delighted expression)
Read the full book (500+ chapters) with faster updates and no ads at htt ps:// ravenarchives .com/book/the-outlaw-lawyer. Updates here may be irregular due to bulk upload limitations.