Case Introduction

On August 18, 2020, Company A, as the drawer, issued A bill with an amount of 282,783.55 yuan. Company B was the payee. Company A promised to make unconditional payment upon maturity. The maturity date of the bill was August 18, 2021.

Later, the bill was endorsed by Company B, Company C and Company D. After consecutive endorsements, it was endorsed and transferred to Company E. On August 18, 2021, the bill of exchange matured. Company E promptly requested acceptance, but the drawer, Company A, refused to fulfill the payment obligation. To safeguard its legitimate rights and interests, Company E filed a lawsuit with the court.

Legal Intervention

Company E turned to Beijing Rude Law Firm for assistance, hoping to safeguard its legitimate rights and interests by leveraging the professional knowledge of the lawyers.

Beijing Rude Law Firm has assigned lawyers Yi Dongdong and Ma Yingying to handle this case.

Personal Introduction: Yi Dongdong, a lawyer and a member of the Communist Party of China, is a partner at Beijing Rude Law Firm and the director of the Intellectual Property Department. She specializes in litigation and non-litigation services in the fields of intellectual property and corporate legal counsel, and is committed to providing enterprises with integrated solutions for the confirmation, protection, operation and transformation of trademarks, patents and Copyrights. With fairness and integrity as the professional tenets, we strive to realize the legitimate rights and interests of our clients to the greatest extent.

Specialties: Labor disputes, legal counsel, trademark rights, patent rights, copyright, business consulting.

Classic cases: The retrial application case of Zhongde Xingda Company, and the administrative dispute case over the trademark of listed company Jinzi Seed Wine.

Lawyer Ma Yingying graduated from China University of Political Science and Law with a Master's degree in law. Provide legal advisory services for all kinds of enterprises and offer legal consultation services to enterprises. Draft, review and revise various legal affairs documents, and participate in the negotiation of major contracts; Conduct targeted training for business personnel to enhance their legal awareness and risk prevention awareness; Assist the enterprise's human resources management department in carrying out work, etc. Since starting his practice, he has handled a large number of labor dispute cases, and his conscientious and responsible attitude has been highly praised by his clients.

Case Handling Process

After receiving this case, Lawyers Yi Dongdong and Ma Yingying conducted A detailed analysis of the case and relevant evidence. They believed that according to the law, the drawer and endorser of a bill of exchange bear joint and several liability to the holder of the bill. Company E has the right to exercise the right of recourse against any one, several or all of the four companies including Company A and Company B. Lawyers Yi Dongdong and Ma Yingying quickly and accurately identified the relevant materials and defense strategies required for the lawsuit, making thorough preparations for the court session. During the court hearing, Lawyer Yi and Lawyer Ma argued their case vigorously. Eventually, the court ruled that Company A, Company B, Company C and Company D were jointly and severally liable to pay Company E 282,783.55 yuan for the bill and the interest for overdue payment.

Lawyer's Reminder

In recent years, electronic bills have been rapidly popularized and widely applied, becoming an important driving force for economic development. As a result, bill disputes have increasingly shown a trend of diversity and complexity. Therefore, in the process of using bills, they must be used strictly in accordance with legal norms. According to relevant laws and regulations, if a bill of exchange is refused payment upon maturity, the holder of the bill may exercise the right of recourse against the endorser, the drawer and other debtors of the bill. At the same time, if the holder of the bill fails to present it for payment to the acceptor within the legal time limit, he shall lose the right of recourse against the prior parties of the bill other than the drawer and the acceptor. Therefore, lawyers suggest that the acceptor pay off the bill to the holder as soon as possible after its maturity, and the holder should also actively exercise the right to request payment of the bill.