The lawsuit has been fought and the defendant is willing to return it with his retirement card, what

Updated on society 2024-05-27
8 answers
  1. Anonymous users2024-02-11

    Negotiate with the plaintiff on the method of payment, and may agree on the amount of monthly payment, as well as the account for receiving the payment, and retain the proof of payment when the payment is determined. It is advisable to have a written document for future reference.

    It can also be done in the form of a settlement, in which the parties agree on the specific content of the settlement.

    If the other party has applied to the court for compulsory enforcement, then it can communicate with the specific judge of the court to deal with it.

  2. Anonymous users2024-02-10

    Apply to the court enforcement division, and the court enforcement division will enforce it, and after deducting the money on the other party's retirement card, it will return you.

  3. Anonymous users2024-02-09

    You can sign an agreement, and if the other party fails to perform, you can apply for enforcement. Thank you.

  4. Anonymous users2024-02-08

    If you believe him, you can sign a repayment plan or agreement, and if he does not comply in the future, you can apply to the Enforcement Tribunal for enforcement; If you don't believe him, then the judgment will be handed over to the enforcement court directly after it takes effect.

  5. Anonymous users2024-02-07

    Then you have to sign on both sides, he handed over the card to you, a month to get a month, to get enough, no card to return to others, must be notarized to sign is signed before you can get the right card, otherwise it is still not good.

  6. Anonymous users2024-02-06

    Congratulations, you've won your case.

    It's good that the defendant is willing to use his pension to return, you just have to wait to get the money.

    There are no formalities to do now.

    You just have to keep an eye on the defendant and let him pay the money back in time.

  7. Anonymous users2024-02-05

    This has to be done well. The agreement is then notarized at a legal notary office. to be able to leave the school.

  8. Anonymous users2024-02-04

    Nope

    Because the state administrative organs handle the retirement procedures for employees, it belongs to the scope of administrative management and has the nature of social management. As for the legality of the retirement formalities, it is not a labor dispute between the employee and the employer in the sense of civil litigation, and does not fall within the scope of the civil cases of labor disputes accepted by the people's courts. The Supreme Court held that:

    According to Article 119 of the Civil Procedure Law of the People's Republic of China, "a lawsuit must meet the following conditions:

    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 courts and the jurisdiction of the people's courts is blind to the lawsuits. "Only when the dispute between the parties falls within the scope of the people's court's exercise of civil jurisdiction to resolve civil disputes, can the people's court accept it in accordance with law. Otherwise, inadmissibility shall be admissible.

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