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The parties may file a civil lawsuit to protect their rights and request the court to order the other party to bear the corresponding liability for payment.
1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.
2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:
1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.
3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.
IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.
5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.
6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.
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If a person owes money and does not pay it back when it is due, he can directly apply to the court to issue a payment order to him to pay it back.
The application for a payment order is called a supervision procedure in litigation, which is applicable to monetary debts and valuable debts, and the creditor's rights and debts between the parties should be clear, and the creditor has relatively sufficient evidence, such as IOUs, IOUs, etc. Moreover, one party simply enjoys the rights and the other party simply bears obligations, and the two parties do not have mutual claims and debts. In addition, the debtor should reside in the country and have a clear domicile so that the payment order can be served directly.
If these conditions are met, the creditor can write an application, attach evidence, and request a payment order from the court without the need to sue.
After the payment order is issued, if the other party does not raise an objection within 15 days, the creditor can apply to the court for enforcement. If the other party files an objection within 15 days, the payment order will automatically lapse. At this time, the creditor can only sue and collect the debt through a lawsuit.
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Legal analysis: If you owe money and can't be contacted, you can sue the court to protect your rights. First of all, make sure that the creditor's right has not passed the statute of limitations, which is generally three years, calculated from the date of repayment as agreed.
Prepare the complaint, IOU, demand notice and other relevant evidence, and file a lawsuit with the court where the debtor is located. After the court accepts the case, pay the litigation fee and wait for **. Where conditions permit, they may also investigate the property status of the other party, and if valuable property is found, they may apply for pre-litigation preservation.
Legal basis: Article 10 of the Civil Procedure Law of the People's Republic of China: A complaint shall be submitted to the people's court, and a copy shall be submitted according to the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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First of all, it is necessary to pay special attention to the statute of limitations, which is generally 3 years in court. There are several ways to use legal means: 1. You can apply for a payment order to require the other party to pay the arrears and interest.
2. File a lawsuit directly with the court. In the course of prosecution, if the defendant is missing or disappears and cannot be found, the court may announce service and make a default judgment. After the court judgment takes effect, if the other party escapes, disappears, etc., and does not repay the money, the court may take strong measures to enforce it, such as inquiry, freezing, or transferring the deposit of the person subject to the application for enforcement; withholding and withdrawing the income of the person subject to the application for enforcement; sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement, etc., and even judicial detention of the person subject to enforcement.
Article 667 of the Civil Code provides that a loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.
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If there are assets such as real estate or cars in the name of the debtor, they can first file a lawsuit with the court for property preservation, and the debtor's property can be sealed first, so as to prepare for the future enforcement stage, or in this way to force the debtor to appear.
1. How to sue if you owe money.
1) Payment of litigation fees.
The litigation fees shall be paid in advance by the plaintiff at the time of filing the lawsuit, and the issue of bearing the litigation fees shall be determined according to the circumstances of the case after the conclusion of the case. If the defendant loses the lawsuit, the defendant will bear all the litigation costs; If both parties have a win, the costs of the proceedings shall be shared between the parties or by the court as determined by the court.
2) In general, the following materials should be submitted when initiating a lawsuit.
1) An original copy of the complaint, with copies according to the number of defendants;
2) Proof of the qualifications of the parties (including plaintiffs, defendants, third parties, etc.);
3) Evidence of the Court's jurisdiction;
4) Other evidence.
3) Evidence to be submitted for private lending disputes.
1) Loan agreement or IOU;
2) If there is a guarantor in the loan relationship, evidence of the guarantee;
3) Proof of delivery and receipt of money by both borrowers and borrowers;
4) Proof of the purpose of the debtor's borrowing;
5) Proof that the debtor should pay interest;
6) If the creditor requires the debtor to repay the overdue interest, or the unscheduled interest-free loan is not repaid after being recalled, and the creditor requests the repayment of the interest after the reminder, there shall be evidence that it is not repaid when due or after being reminded;
7) If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;
8) Proof of payment and interest.
If an IOU is signed at the time of borrowing, as long as the other party still does not take the initiative to repay the money after the date of repayment stipulated in the IOU has arrived, or the other party still does not repay the money after being urged to repay the money, then the debtor can be sued after writing the complaint. If the court finally orders the debtor to repay the debt, it is usually required to repay the interest at the bank's interest rate for the same period.
As long as the prosecution can prove the existence of a creditor-debtor relationship, and has taken the initiative to assert the creditor's rights before filing a lawsuit with the court in the hope of obtaining relief, the court will generally accept the civil lawsuit. If the debtor maliciously fails to repay the loan and the other party cannot find it after the other party claims the creditor's rights, the creditor may file a pre-litigation property preservation request with the court.
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If there are assets such as real estate or cars in the name of the debtor, they can first file a lawsuit with the court for property preservation, and the debtor's property can be sealed first, so as to prepare for the future enforcement stage, or in this way to force the debtor to appear.
1. How to sue if you owe money.
1) Payment of litigation fees.
The litigation fees shall be paid in advance by the plaintiff at the time of filing the lawsuit, and the issue of bearing the litigation fees shall be determined according to the circumstances of the case after the conclusion of the case. If the defendant loses the lawsuit, the defendant shall bear all the legal costs; If both parties win, the costs are to be shared between the parties or to be determined by the court.
2) In general, the following materials should be submitted when initiating a lawsuit.
1) An original copy of the complaint, with copies according to the number of defendants;
2) Proof of the qualifications of the parties (including the original late seepage lawsuit, the defendant and the third party, etc.);
3) Evidence of the Court's jurisdiction;
4) Other evidence.
3) Evidence to be submitted for private lending disputes.
1) Loan agreement or IOU;
2) If there is a guarantor in the loan relationship, evidence of the guarantee;
3) Proof of delivery and receipt of money by both borrowers and borrowers;
4) Proof of the purpose of the debtor's borrowing;
5) Proof that the debtor should pay interest;
6) If the creditor requires the debtor to repay the overdue interest, or the unscheduled interest-free loan is not repaid after being recalled, and the creditor requests the repayment of the interest after the reminder, there shall be evidence that it is not repaid when due or after being reminded;
7) If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and the repayment of debts;
8) Proof of payment and interest.
If the IOU is signed at the time of borrowing, as long as the other party still does not take the initiative to repay the money after the date of repayment stipulated in the IOU has arrived, or the other party still does not repay the money after urging the other party to repay the money, then the debtor can be sued after writing a complaint. If the court finally orders the debtor to repay the debt, it is usually required to repay the interest at the bank's interest rate for the same period.
For those who owe money and do not pay it back, it is still recommended that everyone use the law to protect their rights and interests, and they can sue and apply for enforcement after winning the lawsuit.
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