What should I do if I am in arrears of freight, and what should I do if I don t pay for arrears of f

In case of arrears of freight, there must first be evidence of arrears, usually a waybill or IOU signed and approved by the defaulter. With this evidence, you can write an indictment, and then go to the court to sue, after mediation, **, judgment procedures, you can take the mediation letter, judgment, and application for execution to the court to apply for enforcement, and the court enforcement bureau will enforce it, and you can get the freight. It should be noted that if the amount of freight owed to you is large, you can apply to the court for pre-litigation preservation to seal, seize and freeze his property in advance to ensure that your freight can be obtained after the judgment.

Unless there is a criminal act, such as fighting, or violent collection, etc., the police will not solve the problem. If the dispute over the payment of freight cannot be resolved through negotiation, you can file a lawsuit with the people's court in accordance with the law, requesting the people's court to make a judgment that the parties shall pay the freight according to the agreement and relevant laws and regulations, and if the other party refuses to pay the freight, you can also apply to the court for enforcement.

In accordance with the Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

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.

Chapter 19 General Provisions of the Civil Procedure Law of the People's Republic of China (2012 Revision).

Article 224:The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court for the location of the property being enforced.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Article 226:Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

Article 229:Where the person subject to enforcement or the property subject to enforcement is in a foreign area, the local people's court may be entrusted to enforce on their behalf. After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse. After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be notified of the execution in a letter.

Where the entrusted people's court does not enforce within 15 days of receiving the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce it.

I really didn't give it, so I had to go through the legal process and go to the court to sue.

If the dispute over the payment of freight cannot be resolved through negotiation, the parties may file a lawsuit with the people's court in accordance with the law, requesting the people's court to make a judgment that the parties shall pay the freight in accordance with the agreement and relevant legal provisions, and if the other party refuses to pay the freight, it may also apply to the court for compulsory enforcement.

The procedure for non-payment of freight is as follows:

1. Filing a lawsuit, that is, submitting a complaint to the case filing division of a court with jurisdiction.

2. Case filing and review.

3. Scheduling**, notify the parties of **time, place and undertaker 3 days in advance; Public announcements are to be made 3 days in advance for cases that are tried in public.

4. **Trial.

1) Court investigation: the parties state the facts of the case.

2) Presentation of evidence and cross-examination: inform witnesses of their rights and obligations, testify of witnesses, read out the testimony of witnesses who have not appeared in court, and present documentary evidence, physical evidence and audio-visual materials; The parties express their opinions on the evidentiary materials.

3) Court debate: The parties argue and argue on the disputed factual and legal issues.

4) Court mediation: Under the leadership of the court, the parties agree to resolve the dispute.

5. Pronouncement of judgment. Agreeing to the judgment, the parties automatically perform the obligations determined in the judgment document or submit an application for enforcement; If you do not agree with the referee, you need to be treated differently according to the circumstances

Ruling: Appeal to the higher people's court within 10 days from the date of service;

Judgment: Appeal to the higher people's court within 15 days from the date of service.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, groups of other organizations, and between them on the basis of property and personal relationships.

Legal analysis: If the freight is not paid in arrears, the parties should go to the boss to pay the freight according to the contract signed by both parties. If the boss refuses to pay the freight, then the parties can apply for mediation or sue in court for freight.

Where the parties need to write a pleading, go to the court to file the case, and then submit the necessary evidence to prove their claims, and where the evidence is sufficient and the facts are clear, the people's court shall support it.

The legal basis is returned: the Civil Code of the People's Republic of China

Article 835: If the cargo is lost due to force majeure during transportation and the freight is not collected, the carrier shall not claim payment of the freight; If the freight has already been collected, the shipper may request a refund. Where the law provides otherwise, Jian Meng shall follow those provisions.

Article 836 If the shipper or the consignee fails to pay the freight, storage or other expenses, the carrier shall have a lien on the corresponding goods to be transported, unless otherwise agreed by the parties.

The resolution of freight arrears is as follows:

1. If the owner of the goods is in arrears of freight, the parties may go to the people's court where the owner of the goods is located to file a lawsuit

1) The people's court at the place where the defendant is domiciled has jurisdiction over civil lawsuits brought against citizens;

2) Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction;

2. If the owner owes freight, he can also make a lien, or he can solve it by litigation

1) If the owner of the goods does not pay the freight, the party may exercise the right of lien on the goods and let the owner pay the freight as soon as possible, and if the goods have not been paid within a reasonable period of time, the party may sell the goods to others and then offset the freight price;

2) If it is insufficient to pay the freight, the party concerned may also require the owner of the goods to pay the remaining freight.

3. If the parties agree that the right of retention shall not be exercised, the parties may go to the people's court to file a civil lawsuit, and the people's court shall make a corresponding judgment.

Legal basisArticle 218 of the Civil Procedure Law of the People's Republic of China.

In cases where the people's procuratorate raises a protest, the people's court accepting the protest shall make a ruling on retrial within 30 days of receiving the protest; In any of the circumstances provided for in items 1 through 5 of article 207 of this Law, it may be transferred to the people's court at the level below for retrial, except where it is retried by the people's court at the level below.

Legal analysis: if the freight is in arrears, the carrier can negotiate with the other party to settle and call back in time, and if the other party refuses to pay, it can also apply to the court or arbitration institution to pay the relevant fees, and if the other party does not implement the pure and efficient judgment or ruling, it can apply to the court for compulsory enforcement.

Legal basis: Article 214 of the Civil Procedure Law of the People's Republic of China If a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: (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 ** requested and the facts and evidence of the mausoleum on which it is based.

For the dispute over the payment of freight, the parties can resolve it through negotiation, and if the negotiation cannot be resolved, they can file a lawsuit with the people's court in accordance with the law, requesting the people's court to make a judgment that the parties shall pay the freight according to the agreement and relevant legal provisions, and if the other party refuses to pay the freight, it can also apply to the court for compulsory enforcement. The litigation procedures for arrears of freight are as follows: 1. Filing a lawsuit, that is, submitting a complaint to the case filing division of a court with jurisdiction.

2. Case filing and review 3. Scheduling**, notify the parties of **time, place and undertaker 3 days in advance; The public corporation will announce the trial of the case 3 days in advance. 4. **Trial (1) Court investigation: the parties state the facts of the case.

2) Presentation of evidence and cross-examination: inform witnesses of their rights and obligations, testify of witnesses, read out the testimony of witnesses who have not appeared in court, and present documentary evidence, physical evidence and audio-visual materials; The parties express their opinions on the evidentiary materials. (3) Disadvantages of court debate:

The parties argue and argue on the disputed factual and legal issues. (4) Court mediation: Under the auspices of the court, the parties agree to resolve the dispute.

5. Pronouncement of judgment: If the judgment is agreed, the parties automatically perform the obligations determined in the judgment document or submit an application for enforcement; If you do not agree with the judgment, you need to be treated differently according to the circumstances: Ruling: Appeal to the higher people's court within 10 days from the date of service; Verdict:

Appeal to the higher people's court within 15 days from the date of service. Article 3 of the Civil Procedure Law of the People's Republic of China The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relations.