-
A civil lawsuit may be filed with the people's court to demand that the other party repay the arrears. If the IOU of both parties has an agreed place of jurisdiction, it shall be executed in accordance with the agreement; If there is no agreement, a lawsuit may be filed with the people's court at the place where the defendant is domiciled.
When filing a civil lawsuit, it is necessary to prepare: a civil complaint, a copy of the other party's ID card (or a business license for enterprises), a list of evidence and evidentiary materials (i.e., evidence of the other party's arrears).
After the people's court receives the prosecution materials, it will decide whether to accept or file the case within seven days. If it is inadmissible, a ruling will be made; If they are not satisfied with the ruling, they may file an appeal.
After accepting and filing the case, the people's court will arrange a time for trial. Where the ordinary procedures are applied, the people's court will conclude the trial within six months from the date on which the case is filed, and where there are special circumstances, it may be extended upon approval, and will issue a notice of postponement of trial.
At the conclusion of the trial, the people's court will make a judgment in accordance with law and issue a civil judgment; The verdict will state the verdict and the reasons for the verdict.
If the parties are not satisfied with the judgment, they may appeal to the people's court at the level above within 15 days of receiving the judgment.
Legal basis: Civil Procedure Law
Article 21: The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.
The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.
Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.
Article 34: Parties to a contract or other property rights and interests dispute may agree in writing to choose the jurisdiction of the people's court for the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile, the location of the subject matter, and other places that have an actual connection with the dispute, but must not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
Article 123: People's courts shall ensure that parties enjoy the right to sue in accordance with legal provisions. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.
Article 149:People's courts applying the ordinary procedures shall conclude trial within 6 months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served.
-
Legal analysis: If you owe money, you haven't done a report on the empty law, because owing money is not a civil dispute. The public security authorities do not handle private lending dispute cases, unless the other party has the possibility of defrauding Chan Min and is suspected of violating the Public Security Administration Punishment Law or committing a crime.
Legal basis: Article 514 of the Civil Code of the People's Republic of China Unless otherwise provided by law or otherwise agreed by the parties, the creditor may request the debtor to perform the debt in the legal tender of the place of actual performance.
-
12333, understand the workflow of wage collection and the various materials and evidence required. In the event of being owed wages by the boss, you should work with other workers who are also in arrears to collect specific evidence, such as the labor contract, the amount and number of wages owed, the time span of the arrears, how much work you have completed, and the detailed personal information of the boss. If it is still impossible, file a lawsuit with the court within the statute of limitations.
Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return the loan within the agreed time limit. If there is no agreement on the term of the loan or the agreement is not clear, the borrower may return the loan at any time, and the borrower may urge the borrower to return it within a reasonable period of time.
Criminal Law of the People's Republic of China" Article 313:Where a people's court's judgment or ruling has the ability to be enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given.
-
1. How to report if you owe money.
1. If you owe money, you can't report it. The creditor can file a civil lawsuit with the court where the defendant is domiciled after writing a complaint; It is also possible to urge the debtor to repay the loan by applying to the court for a payment order.
2. Legal basis: Article 188 of the Civil Code of the People's Republic of China.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and if there are special circumstances, the people's courts may decide to extend the period on the basis of the rights holder's application.
Article 189.
Where the parties agree to perform the same debt in installments, the limitation period is calculated from the date on which the last period for performance expires.
2. What are the consequences of non-repayment of arrears?
The consequences of non-payment of arrears are as follows:
1. Overdue fees, including penalty interest and liquidated damages;
2. Affect personal credit records. If the loan company does not have a financial license, the arrears of Yu Jianyu will not be repaid on the credit report, which will not affect your personal credit record, but if you are sued to the court and still refuse to return it, you may be included in the list of dishonest judgment defaulters;
3. If the circumstances are serious, it will constitute a crime and need to bear criminal responsibility in accordance with the law. If the parties refuse to perform and maliciously evade the debt, then it will rise to the level of a crime, and criminal responsibility will be investigated for the heinous acts.
-
It is not an offence to borrow money, but it is not a crime. It is necessary to collect and retain authentic evidence, such as arrears IOUs, repayment agreements, loan contracts, bank transfer receipts, etc., if repeated reminders are invalid, it is necessary to file a lawsuit with the court within three years of the statutory statute of limitations.
Legal basis] Article 3 of the Law on Civil Litigation and Rent Litigation stipulates that the provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other groups of tenants and organizations and between them due to property and personal relations.
-
For those who owe money for a long time and do not pay it back, they should report it to the public security bureau, and if they still do not pay back the money after consultation with the public security bureau, they need to file a lawsuit with the people's court.
The specific process is as follows:
Submit the complaint, the court will file the case after the investigation, notify the other party to respond to the lawsuit after the case is filed, and agree on the time for both parties, mediation, and the court where the mediation is invalid will hear it in accordance with the law and issue a judgment.
Article 675 of the Civil Code of the People's Republic of China The borrower shall return the loan within the agreed time limit.
Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time;
The lender may demand the borrower to return it within a reasonable period of time.
Article 221 of the Civil Procedure Law of the People's Republic of China If a creditor requests the debtor to pay money or valuables, if the following conditions are met, it may apply to the basic people's court with the jurisdiction of the god of the tomb 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 and the facts and evidence on which it is based.
-
If the borrower fails to repay the money owed, the parties may adopt the following methods:
1. Find the borrower to negotiate. Ask him for a loan, express his need for the loan, and ask him to repay it within a certain period of time.
2. The parties may apply to the people's court for a payment order. 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.
3. Applications may be made for pre-litigation property preservation. Pre-litigation property preservation is to seal the other party's account, house, car and other property to prevent the other party from transferring property.
IV. Prosecution. If the parties meet the requirements for filing a lawsuit, they shall prepare the materials for prosecution, and the court will accept the case if they meet the conditions for acceptance.
Finally, the lawyer said that if the borrower still does not enforce the judgment or ruling, the party may apply to the court for compulsory enforcement. Legal basis:
Article 223 of the Civil Procedure Law: After accepting an 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.
Article 103:In cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's courts may, upon the application of the opposing party, rule to preserve their assets, order them to perform certain acts, or prohibit them from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.
If the other party is in arrears for a long time, attention should be paid to preserving the evidence of asserting rights, such as letting the other party sign and seal the IOU or use audio recording and sending messages to preserve the evidence, so as to prevent the statute of limitations from being exceeded, and it is also convenient to win the lawsuit in the future.
The best way is to report to the news, as soon as they report to the relevant departments, they will deal with it quickly, and it is very convenient to hit **, and the effect of reflecting to the relevant departments is really not very good.
Confused! Life has no direction....There is no pressure, it is recommended to find something interesting to do, of course, smoking, drinking should not be done often, and it cannot be a habit, after all, it is not good for the body, you can surf the Internet, don't be addicted. I usually get together with friends and participate in outdoor activities more, but when I get close to Zhu Zhechi, what friends I make is very important, and it will have an impact, really. >>>More
Each eyelash has its own life cycle, i.e. 6 months of anagen, followed by telogen and separation of the eyelashes from the hair roots to facilitate the formation of new eyelashes within the hair follicle. A few lashes fall out every day of washing or rubbing, which often goes unnoticed. Malnutrition or long-term illness can also lead to eyelashes and eyebrow loss, which can generally regrow after **. >>>More
Give it up. I feel more like your girlfriend. It's very similar from the personality or something. >>>More