What are the requirements for applying for a payment order?

Conditions for applying for a payment order:

According to article 189 of the Civil Procedure Law and article 215 of the Opinions on the Application of the Civil Procedure Law of the Supreme Court, a creditor's application for a payment order must meet the following conditions:

1.The subject matter of the creditor's request is limited to money or money or money of value**, such as bills of exchange, promissory notes, cheques, and **, bonds, treasury bills, and negotiable certificates of deposit.

2.The claim is due and the amount is determined.

3.There is no other debt dispute between the creditor and the debtor, and it is also said that the creditor has no obligation to pay.

4.The payment order can be served on the debtor.

How to apply for a payment order:

When a creditor applies for a payment order, it shall submit an application and attach a creditor's rights document. Creditors may not apply orally for payment orders. According to the provisions of article 189 of the Civil Procedure Law and the practice in judicial practice, the application for a payment order shall specify the following matters:

1.The names, genders, ages, ethnicities, occupations, workplaces, and domiciles or habitual residences of creditors and debtors, as well as the names and domiciles of legal persons or other organizations, and the names and positions of the legal representative or principal responsible person, if there is a litigant, are also indicated.

2.The type and quantity of money and valuable money that the debtor should pay, and the facts and evidence on which the payment is requested. It includes the facts that gave rise to the creditor's right and the facts and relevant evidence that prove that the creditor's right exists and has matured, and it is stated that there is no other debt dispute between the creditor and the debtor.

3.Request the people's court to issue a payment order. The applicant should clearly express his intention to request the court to issue a payment order, rather than to bring a lawsuit.

Do you know the restrictions on the use of payment orders, and what are the conditions for applying for payment orders, let's find out together.

The conditions for applying for a payment order generally include: the payment order must be able to be served on the debtor; The creditor can only ask the debtor to pay money and valuable**; There is no treatment payment between the creditor and the debtor; The money requested and the price of the scumbag have expired and the amount has been determined, and the facts and evidence on which the request is based are clearly stated; The debtor is within the territory of China and is not missing, etc.

According to Article 214 of the Civil Procedure Law of the People's Republic of China, the following conditions must be met to apply for a payment order:

1. The creditor can only request the debtor to pay money or bills of exchange, promissory notes, checks, bonds, treasury bills, negotiable certificates of deposit, etc. Requests for payment of other goods or requests for payment of conduct must not apply the supervision procedures.

2. The money and valuable ** requested to be paid to Brother Huai have expired and the amount has been determined and the facts and evidence on which the request is based are clearly stated. Claims that have not yet matured or are due but the amount is uncertain shall not be subject to the supervision procedure.

3. There is no treatment and payment between the creditor and the debtor, that is to say, the creditor's rights and debts relationship between the creditor and the debtor is clear and affirmative.

4. The debtor is in China and his whereabouts are unknown.

5. The payment order must be able to be served on the debtor. The simplicity of the supervision procedure determines that in the whole supervision procedure, the only right for the debtor is the right to object in writing to the payment order, and if the payment order is not served on the debtor, the debtor cannot exercise its right to object to the payment order, so the payment order can be served on the debtor becomes a necessary condition for the application of the supervision procedure. However, if the payment order is served on the debtor himself, and the debtor refuses to accept it, the people's court may retain the service in lien.

6. It is necessary to submit a written application to the people's court with jurisdiction. The people's court with jurisdiction refers to the basic people's court at the place where the debtor is domiciled. The application shall clearly state the basic information of the parties and their legal persons, the type and quantity of money or valuable persons requested, the facts and reasons for the request, and the expression of the application to a specific people's court for a payment order.

Article 427 of the Civil Procedure Interpretation further stipulates the jurisdiction of the supervision procedure, that is, if two or more people's courts have jurisdiction, the creditor may apply to one of the basic people's courts for a payment order. Where a creditor applies to two or more basic people's courts with jurisdiction for a payment order, the basic people's court that first files the case has jurisdiction.

7. The creditor failed to apply to the people's court for pre-litigation preservation. Where the conditions provided for in the preceding paragraph are not met, the people's court shall notify the creditor not to accept the application within 5 days of receiving the payment order. Basic level people's courts accepting applications for payment orders are not subject to restrictions on the amount of creditor's rights.

1. What are the conditions for applying for a payment order.

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

1) The creditor can only request the debtor to pay money;

2) The money and valuable ** requested to be paid have expired and the amount has been determined, and the facts and evidence on which the request is based are clearly stated;

3) there is no treatment payment between the creditor and the debtor;

4) The debtor is in China but his whereabouts are unknown;

5) The payment order must be able to be served on the payer;

6) It is necessary to apply to the people's court with jurisdiction;

7. The creditor failed to apply to the people's court for pre-litigation preservation.

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.

Article 215.

The Supreme People's Procuratorate shall raise a prosecutorial counter-appeal against a judgment or ruling of a people's court at any level that has already taken legal effect, or a higher level People's Procuratorate discovering any of the circumstances provided for in Article 207 of this Law in a judgment or ruling of a lower level people's court that has already taken legal effect, or if it discovers that the mediation document harms the national interest or the public interest.

Where local people's procuratorates at any level discover any of the circumstances provided for in article 207 of this Law in respect of a judgment or ruling of a people's court at the same level that has already taken legal effect, or where it is discovered that the mediation document harms the national interest or the societal public interest, they may submit a procuratorial suggestion to the people's court at the same level and report it to the people's procuratorate at the level above for filing; It may also request that the people's procuratorate at a higher level submit a prosecutorial counter-appeal to the people's court at the same level.

People's procuratorates at all levels have the right to submit procuratorial suggestions to the people's courts at the same level regarding the illegal conduct of adjudicators in trial procedures other than trial supervision procedures.

2. What is the procedure for applying for a payment order?

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, it notifies the creditor and issues a payment order to the debtor.

Conditions for applying for a payment order: the creditor requests the debtor to pay money, valuable**; The creditor has no other debt disputes with the debtor; and the payment order can be served on the debtor. If the above conditions are met, the creditor can apply to the court for a payment order in accordance with the law.

[Basis of the law of the law].

Article 120 of the Civil Procedure Law of the People's Republic of China.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Article 214.

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 money requested to be paid and the facts and evidence on which it is based.

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.

Lawyer's analysis: According to Article 214 of the "People's Knowledge and Stupid Uproar Litigation Law", "if the creditor requests the debtor to pay money and valuable, 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 case must be an action for payment. That is, the debtor is required to perform a certain payment obligation, and the lawsuit for confirmation and modification is not subject to the supervision procedure, and the supervision procedure is only applicable to cases where the creditor requires the debtor to pay money, which is valuable.

In addition, it is not possible to apply for the application of the supervision procedure if the debtor is required to pay a specific item, return the building, etc. The creditor and the debtor have no other debt disputes, and the applicant in the supervision procedure must be a creditor in the creditor-debtor relationship, and the debtor has no obligation to perform other debts. 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.

Service in the law refers to direct service, which is deemed to be unavailable in the following two situations: first, the debtor's whereabouts are unknown and it is necessary to use public notice to serve; Second, the debtor does not reside in China. To apply for a payment order, a written application must be submitted to the court and a debt instrument must be attached.

Legal basis]:

Article 214 of the Civil Procedure Law of the People's Republic of China Where a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: (1) the creditor and the debtor have no other debt disputes; (2) The payment file can be delivered to the debtor. The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.