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The approximate procedure for prosecution is as follows:
1. Write a good indictment;
2. Bring evidence and indictment to the court to file a case and pay the litigation fee;
3. After the court reviews and determines the acceptance, it will be heard;
4. Court judgment;
5. Enforcement of judgments.
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Hello, the best way to recover the arrears is to first negotiate and settle, if the negotiation fails, you can mediate, if the mediation fails, you can request the relevant departments to arbitrate, and if the arbitration cannot be resolved, you can collect relevant evidence and file a lawsuit with the people's court. For your kind of situation of asking for payment, the following methods can be tried:
1.Hit ** to require. Playing ** is the most convenient way to recover the payment, contact the customer directly, explain the arrears and ask for a specific repayment date.
2.Ask for it in person. If the relationship is close, you can go to the customer's home to ask for payment, but this is easy to hate the other party, after all, no one wants to collect debts at home.
3.Go to the customer's place of business to recover the claim. If the customer has a fixed place of business, door-to-door debt collection will inevitably affect the normal business activities of the other party and destroy the goodwill of the other party.
4.Delegate coordination. When you are familiar with the customer, but you urgently need the payment, you can ask a mutual friend or a respected person in the circle to coordinate and discuss the repayment.
5.Entrust a professional debt collection agency. In many cases, the payment is directly related to the success or failure of the business, if the recovery of the payment has spent a lot of time and energy still has no effect, you can entrust a professional debt collection company to help collect the payment.
6.Court Prosecution. When the customer defaults on the payment beyond the contract and causes significant economic losses to himself, he can recover the payment by suing the court, but pay attention to the time limit for suing.
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You can consult a lawyer before deciding to ask for the payment, they must be professional and know how to ask for it.
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Legal Analysis: Can be sued.
1.Evidence of the existence of a relationship between the sale and purchase of goods.
Transaction contract agreements, delivery lists, receipts, statements, bank records, etc. can all be used as evidence to prove the existence of a creditor-debtor relationship, and the documents exchanged between the two parties should preferably be stamped. If there is no document signed and sealed by both parties in the early stage, it is recommended to consult a lawyer to supplement the evidence, and the lawyer will confirm the authenticity of the existence of the goods through various forms to obtain the support of the court.
2.Information proving the identity of the debtor.
The debtor is an individual and needs his ID card information, residential address, etc. If the debtor is a company, it is advisable to have a bank account with its transaction history in addition to the company's information, and pay special attention to the company's change of name and domicile so that creditors cannot find them in order to escape the debt. Some citizens also often move their household registration to their place of residence, and after a long time, no one is found.
Therefore, creditors must pay attention to retaining information on the debtor.
3.Clues to the debtor's property.
Many debtors often claim to be insolvent when in fact they hide their assets. In order to prevent the debtor from being unable to obtain the property after winning the lawsuit, attention should be paid to collecting clues about the debtor's property.
4.Be mindful of the statute of limitations.
The statute of limitations for filing a petition to the court for protection of civil rights is three years, which in the case of arrears, starts when the debt is due and the other party refuses to return it. The statute of limitations is interrupted by the filing of a lawsuit, the request of one of the parties, or the agreement to perform an obligation. After the statute of limitations is interrupted, the period is recalculated.
Legal basis: Civil Code of the People's Republic of China
Article 673: If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop disbursing the loan, withdraw the loan in advance, or terminate the contract.
Article 674:The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.
Article 676: Where a borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.
Civil Procedure Law of the People's Republic of China
Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.
Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:
1) Major foreign-related cases;
2) Cases that have a major impact in the jurisdiction;
3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.
Article 119:Prosecution must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
2) There is a clear defendant;
3) There are specific litigation claims, facts, and reasons;
4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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