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An IOU can be filed with the competent court for an order for payment, which is an order for payment within 15 days, otherwise enforcement proceedings may be initiated or the creditor may apply for enforcement. If the application for a payment order is not approved, a lawsuit may be filed for recovery, and the claims in the content of the complaint may be stated: (1) the defendant shall be ordered to pay the interest on the deferred payment (the interest rate standard may be determined with reference to the interest rate of the local bank for the same period), and (2) the defendant shall be ordered to bear the litigation costs of the case".
Refer to the current relevant provisions of """: Article 61 After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. Article 62: Where the parties have agreed on the content of the relevant contract is not clear and cannot be determined in accordance with the provisions of Article 61 of this Law, the following provisions apply:
1) If the quality requirements are not clear, they shall be performed in accordance with national standards and industry standards; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract. (2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions. (3) Where the place of performance is unclear and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.
4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare. (5) Where the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract. (6) Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden.
Article 263: The maker shall pay remuneration within the agreed time limit. Where there is no agreement on the time limit for payment of remuneration or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the contractor shall pay it when the contractor delivers the work results; If the work product is partially delivered, the maker shall pay accordingly. Article 286:Where the employer fails to pay the price as agreed, the contractor may urge the employer to pay the price within a reasonable period of time.
If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the price of the project, or may apply to the people's court to auction the project in accordance with law, except where it is not appropriate to discount or auction the project according to the nature of the construction project. The price of the construction project shall be compensated in priority with respect to the price of the project at a discount or auction.
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Hello, the repayment date should be written on the IOU. If you don't give it when it expires, you can take the IOU to the people's court to file a lawsuit. The IOU is proof.
The process is as follows:1Write a civil complaint, the first part of the plaintiff and the defendant's name, gender, date of birth, ethnicity and place of residence, the second part of the claim for compensation, that is, a request for compensation (will not be written in the online format**).
2. Go to the basic level court (district or county court) where the defendant is domiciled to file a lawsuit, and go through the formalities for filing the case in the case filing division;
3. Submit 2 civil complaints when the case is filed. 2 sets of copies of the evidence need to be submitted (one in the court file, one for the other party).
Enforcement of joint debts must first be repaid with the joint property of the husband and wife, and if the joint property cannot be repaid, the creditor can demand the enforcement of the personal property of either spouse. However, after the creditor has executed one party's personal property, the party subject to the enforcement property may demand repayment from the other party. >>>More
1 Time of Debt Formation In the division of property in a divorce, if one party asks the other party to bear the relevant debts, the first thing to consider is the time when the debts are formed. Generally speaking, in the absence of a special agreement, the debts formed before the marriage are the personal debts of one party and are borne by his or her person; Debts incurred during the marriage are joint debts of the husband and wife and are jointly borne by both parties. It should be noted here that in some cases, although the debt was formed before the marriage, if the loan is used for life after marriage, or if the property such as the house purchased by one party before the marriage has been converted into the joint property of the husband and wife, then the debt formed by the loan for the purchase of property should be regarded as the joint debt of the husband and wife. >>>More
Article 41 of the Marriage Law stipulates that debts incurred by husband and wife in connection with their common life shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment. >>>More
The joint debts of the husband and wife are mainly based on the needs of the husband and wife for their common life, as well as the debts arising from the management, use, income and disposal of the joint property, including the following aspects: >>>More
The settlement of joint debts between husband and wife is that at the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment. >>>More