How to apply for a payment order, how to apply for a payment order

1. The application can only be made to the basic people's court where the debtor is located. This facilitates the service of payment orders by the court.

2. The application for a payment order is simple. Basic information of the applicant, basic information of the respondent, matters requested, facts and reasons therefor. In particular, it is necessary to state the establishment and existence of the fact of the loan.

3. Provide a copy of the loan IOU. Submit the originals when requested by the court.

4. It doesn't matter if the distance is long, you can file a case or file a case by mail. You can mail the application and a copy of the IOU to the court where the debtor is located, of course, telling them your ** or address so that they can be easily contacted. If they decide to file a case, you can simply apply for enforcement fifteen days after the payment order is issued.

The payment order is an urging procedure and does not require you to appear to appear to the lawsuit. Of course, the other party raises an objection after receiving the payment order.

The process of applying for a payment order is as follows:

1. The creditor submits an application, stating the amount of money or valuable money requested and the facts and evidence on which it is based;

2. The people's court shall decide whether to accept the case within five days, and if it agrees to accept the case, it shall issue a payment order to the debtor within 15 days from the date of acceptance.

[Legal basis].

Article 214 of the Civil Procedure Law.

If the creditor requests the debtor to pay money or valuables, and meets the following conditions, it may apply to the basic people's court with jurisdiction for a payment order:

1) The creditor and the debtor have no other debt disputes;

2) The payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.

Article 215.

After the creditor submits the application, the people's court shall notify the creditor within five days whether to accept the application.

Article 216.

After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance, if the creditor's rights and debts are clear and legal; If the application is not sustained, a ruling shall be made to reject it. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Application by creditor for payment order, application for payment order. Conditions for applying for a payment order:

1.The only person who has the right to initiate the supervision procedure is the creditor.

2.The case must be an action for payment. That is, the debtor is required to perform certain payment obligations, and the supervision procedure is not applicable to the lawsuit for confirmation and modification; Moreover, the supervision procedure is only applicable to cases where the creditor requires the debtor to pay money, which is valuable.

3.The creditor and the debtor have no other debt disputes. The applicant in the supervision procedure must be a creditor in the creditor-debtor relationship, and the debtor is not obligated to perform other debts.

4.The amount of money or value requested** has become due and the amount has been determined, and the facts and grounds on which the claim is based have been stated.

If the respondent is out of town, can the complainant apply for a payment order in the court where he or she is located?

1. How to apply for a payment order.

1. The procedures for applying for a payment order are as follows:

1) The creditor applies to the basic people's court with jurisdiction for a payment order and submits relevant materials;

2) The court will review and decide whether to accept it;

3) After the court decides to accept the case, the creditor is notified and a payment order is issued to the debtor.

2. Legal basis: Article 214 of the Civil Procedure Law of the People's Republic of China.

In cases retried by the people's courts in accordance with the trial supervision procedures, where the legally effective judgment or ruling was made by the first-instance trial court, the parties may appeal the judgment or ruling made in accordance with the first-instance trial procedures; A judgment or ruling that takes legal effect is made by a court of second-instance trial, and is tried in accordance with the procedures of the second-instance trial, and the judgment or ruling made is a judgment or ruling that takes legal effect; Where a higher level people's court arraigns for trial in accordance with the trial supervision procedures, it is to be tried in accordance with the second-instance trial procedures, and the judgment or ruling made is a legally effective judgment or ruling.

People's courts hearing retrial cases shall separately form a collegial panel.

2. What are the requirements for applying for a payment order?

The conditions that need to be met to apply for a payment order are as follows:

1. There is a clear respondent;

2. There is a specific request;

3. Having suffered domestic violence or facing a real risk of domestic violence.