What is your question about the debt lawsuit!!

1. The general format of the document, there will be a lawyer to help you, if you don't want to find, you have to write the details of the plaintiff and the defendant's situation (name, gender, home address) and your litigation requirements.

2. There will be people in the court to receive, generally speaking, it is to file a case, issue a summons, **. Closed.

3. The original IOU must be protected, and a copy must be prepared, and in principle, the original will not be handed over to anyone. If you can get witnesses, testimony, that's the best.

4. There is no trick, if you find that someone in the court is close to the defendant, you can ask the other party to recuse yourself.

1.How to write the detailed format of the pleadings of a debt lawsuit and what are the precautions? (The point is that I need to know the detailed format).

Go to the case filing division of the court, where there is a model to refer to.

2.What is the process of fighting this kind of lawsuit?

File a case, issue a summons, **. Closed.

3.I have an IOU, is there anything else I need to pay attention to?

The original IOU must be protected, and if it is to be handed over to the judge, the IOU, a copy of your ID card, and the household registration information of the other party must be prepared.

Is there any trick to going to court in this kind of lawsuit?

Of course, the judge will ask the defendant in different ways.

I fought this kind of lawsuit only last year, and I won.

For the sake of safety, it is better to entrust a lawyer to handle this kind of lawsuit.

You're good at Heng Laji:

1 The principle of proof in the Civil Procedure Law is generally that whoever asserts the claim shall adduce evidence.

2 From a legal point of view, B can sue for a claim for reimbursement of $1 million. If Party A denies it, Party A bears the burden of proof (evidence of the part that has been repaid).

3 From the point of conscience, Party B may sue Party A to repay the remaining part of the debt.

Knowledge points involved).

Using a credit card to make a malicious overdraft.

Credit card overdraft means that the cardholder can still use the credit card to make purchases with the approval of the bank if the cardholder has insufficient funds or no funds in the credit card account of the issuing bank. The overdraft of a credit card is essentially a consumer credit provided by a bank to a cardholder, that is, the cardholder is allowed to spend first when the funds are insufficient, and then the cardholder will make up the funds later, and pay a certain amount of interest according to the regulations. In China, card-issuing banks generally stipulate that cardholders are allowed to make short-term bona fide overdrafts within a certain limit.

In practice, some criminals take advantage of the fact that bank credit cards can be overdrawn for the purpose of illegal possession, and still do not return them after being collected by the card-issuing bank.

Overdraft or absconding to conceal one's identity after a large amount of overdraft in order to evade repayment responsibilities is the so-called fraud crime of using credit cards to maliciously overdraft in this item.

The offence must be the use of credit cards to commit fraud, and the amount is relatively large.

acts. "A relatively large amount" is the main boundary for constituting the crime of credit card fraud, and administrative liability and civil liability may be pursued for credit card fraud that is not a large amount.

If you don't have any money, you keep overdrawing your credit card, since you use a credit card, don't you know that you can't maliciously overdraw? If the amount is relatively large (50,000 yuan), criminal responsibility will be investigated and sentenced to fixed-term imprisonment of not more than 5 years. If it is less than 50,000 yuan, administrative liability and civil liability (fine and detention) will be investigated.

What you have to do now is to change your attitude and at the same time actively collect debts, try to repay part of it first, and negotiate the rest with the bank to try not to impose a sentence.

One yard is one yard, and the bank will not sue you just because you are in a lawsuit. But you can write a report to the court, the bank, and the public security to inform them of the facts, so that if the court really decides and you have money, it will be easier for you to solve this matter. No lies, here's my advice to you.

Through the analysis of the facts of the case, in the loan relationship, the creditor-debtor relationship is clear, and the creditor has the right to file a lawsuit for the maturity of the bond and the debtor's failure to fulfill the repayment obligation. However, in this debt relationship, your parents are the debtors, and the creditor can only sue your parents as defendants, and now, your parents are only missing, and the court should not order you to perform the debt.

In a loan lawsuit, the creditor is bent on winning or losing, but unexpectedly the debtor is stabbed in the back to transfer the property. This kind of malicious transfer of property leaves the creditor with no property to enforce even if he wins the lawsuit. How to prevent the debtor from transferring property early? Creditor's rights may apply for property preservation.

Article 101 of the Civil Procedure Law stipulates that if an interested party fails to immediately apply for preservation due to an urgent situation, which will cause irreparable damage to its legitimate rights and interests, it may apply to the people's court with the place where the property to be preserved, the domicile of the respondent, or the people's court with jurisdiction over the case is to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if it does not provide a guarantee for the sale of oranges, a ruling shall be made to reject the application.

It can be seen that it is difficult to apply for property preservation, and the difficulty lies in the fact that the creditor (applicant) needs to provide property security. Many creditors are deterred by this request, after all, the threshold for money is quite high. If the situation is urgent, and failure to preserve the property may lead to damage to the legitimate interests of the creditor, then it is necessary to apply for property preservation.

The court will also accept the enforcement of property preservation measures within 48 hours. The scope of preservation is limited to the property related to the loan lawsuit. The court will seal, seize and freeze the relevant movable and immovable property of the debtor so that he is unable to move and cannot transfer the property.

It is worth noting that when the creditor applies for property preservation, it must provide the court with clues about the property owed to the debtor, such as the other party's bank account, Alipay account, WeChat account, real estate address, etc.

In addition, the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Property in Civil Enforcement by the People's Courts provides that the period for freezing bank deposits and other funds shall not exceed six months, the period for sealing and seizing movable property shall not exceed one year, and the period for sealing immovable property and freezing other property rights shall not exceed two years.

Therefore, property preservation is not indefinite, and after expiration, the creditor can file an application for continued preservation. Applying for property preservation to prevent the debtor from maliciously transferring property can be said to be a precautionary measure. But what if you can't prevent it, and the debtor has already transferred the property?

According to the Contract Law, the creditor may request the people's court to revoke the debtor's act. If you want to recover the arrears, you have to go to court, and if you want the lawsuit to have a good result, you have to beware of the debtor's transfer of property.

We must prevent the debtor from transferring his property before it happens, otherwise he may not be able to recover the arrears even if he wins the lawsuit.