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If you want to get justice, then it's definitely worth it, but if you're doing it for other trivial reasons, then it's not worth it, because a lawsuit is inherently a matter that is not good for you, and it is not cost-effective to invest your own manpower, material resources and time. If the two parties can negotiate, try not to get involved in a lawsuit.
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Worth. You can ask for money that you have reason and evidence to chase. There is generally no need to hire a lawyer for civil affairs. Litigation costs: You write a complaint and ask the defendant to bear it.
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1. Can I sue for 5,000 yuan in civil disputes?
1. Civil disputes of 5,000 yuan can be sued. If you owe 5,000 yuan and do not pay it back, as long as it is a legal loan relationship, you will be protected by the law, and the creditor can file a lawsuit with the people's court, but certain conditions need to be met when filing a lawsuit. Where it is truly difficult to write a complaint, a lawsuit may be filed orally, and the People's Divine Section Court will record it in the record and inform the opposing party.
2. Legal basis: Article 122 of the Civil Procedure Law of the People's Republic of China.
The following conditions must be met for a prosecution:
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 court and the jurisdiction of the people's court receiving the lawsuit.
2. How to sue if you don't repay the money borrowed between individuals.
1. The plaintiff shall prepare the identity information of both the plaintiff and the defendant, the complaint and the corresponding evidence materials to the court case filing division for case filing;
2. After the court decides to accept the case, pay the case acceptance fee according to the notice of the court;
3. According to the court's arrangement, the production will be tried and mediated or judged;
4. If the other party does not repay the loan within the specified time after the mediation or judgment takes effect, the plaintiff may apply to the court for compulsory enforcement.
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Legal analysis: According to the circumstances of the case, the court generally accepts the dispute of 3,000 yuan, and the litigation conditions and amount of the civil lawsuit are irrelevant. The parties may choose to negotiate on their own, and if the negotiation fails, they may file a lawsuit.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 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 court and the jurisdiction of the people's court receiving the lawsuit.
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If the other party still does not fulfill the obligation to repay the money after arbitration, then you can go through the litigation procedure, for the recovery of arrears, litigation is a more effective means, in order to prevent the other party from transferring funds, the party can apply for property preservation before litigation.
1. Is it worth suing for $5,000 owed? There are many ways to resolve disputes arising from arrears: negotiation, mediation, arbitration and litigation, and in the event that mediation and arbitration fail, litigation is the last resort.
It should be noted that, generally speaking, the statute of limitations for creditor's rights and debts disputes is three years, and if it is overdue, you will lose the right to request protection from the people's court. When borrowing money and failing to repay the lawsuit, the parties shall bring the indictment to the people's court with jurisdiction to file a lawsuit, indicating the basic information of both parties; The plaintiff shall submit materials to the court for a lawsuit, and the parties shall submit documentary evidence to the court; After the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case-filing division shall, within 7 days, complete the formalities for filing the case where the requirements for case filing are met; The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; After the case filing formalities are filed, the case will be scheduled by the court**. If there is a condition, you can first investigate the property status of the other party, find valuable property, and you can pre-litigation preservation, so that there is a guarantee.
2. How to write a lawsuit for arrears? Plaintiff: name), gender), year.
Month. Japanese, Han nationality, education level.
Workplace. acres erected, positions.
Address: Defendant:
name), gender), name), year.
Month. Japanese, Han nationality, education level.
Workplace. Posts.
Address: Request:
1. Judgment against the defendant to repay the arrears.
dollars and interest. Yuan.
2. The defendant was ordered to bear all the litigation costs of the case.
Facts and Reasons:
The court is now requested to order the defendant to repay the plaintiff.
Renminbi. 10,000 yuan, and pay interest to protect the legitimate rights and interests of the plaintiff.
Sincerely. Peoples court. Plaintiff: Year.
Month. Day. To sum up, after lending money to others, sometimes the other party owes money and does not pay it back, and there are many ways to recover the arrears, including negotiation, mediation, arbitration and litigation, etc., and whether to sue if you are owed 5,000 yuan depends entirely on the choice of the parties. If you go through the litigation procedure, you need to bring the civil complaint and evidence of the other party's debt to the court where the other party is located to file the case.
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Legal analysis: According to the circumstances of the case, the court generally accepts the dispute of 3,000 yuan, and the litigation conditions and amount of the civil lawsuit are irrelevant. The parties may choose to negotiate on their own, and if the negotiation fails, they may file a lawsuit.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 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 for reasoning;
4) It is within the scope of civil litigation accepted by the people's court and within the jurisdiction of the People's Court of the People's Court.
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Clause. 1. Make sure that your creditor's rights have not passed the statute of limitations, and the general statute of limitations is three years.
Clause. 2. Prepare evidence, proof of creditor's rights, such as IOUs, receipts, transfer records and other relevant evidence.
Clause. 3. Prepare the civil complaint in a format online, generally stating the identity information of the original defendant, the facts and reasons for the claim.
Clause. 4. If conditions permit, the other party's property status may be investigated first, and valuable property may be found and then preserved in the process of prosecution for future enforcement.
Clause. 5. The pleadings and evidence shall be submitted to the competent court, and the court with jurisdiction is generally the court where the defendant is located.
Clause. 6. After the court accepts and files the case, it shall first pay the case acceptance fee in advance and wait for the trial.
Clause. 7. If the court rules in favor of you, and neither of you appeals, the judgment will take effect.
Clause. 8. If the other party fails to perform the judgment, it may apply to the court for compulsory enforcement within two years.
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Legal analysis: If the amount of litigation claims in property cases does not exceed 10,000 yuan, 50 yuan shall be paid for each case.
Legal basis: "Measures for the Payment of Litigation Fees" Article 13: Case acceptance fees are to be paid in accordance with the following standards: (1) The amount or value of the property case is to be paid cumulatively in accordance with the following proportions:
1.if it does not exceed 10,000 yuan, 50 yuan per piece;
2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;
3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;
4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;
5.The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;
6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;
7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;
8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;
9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;
10.The part exceeding 20 million yuan shall be paid according to the payment.
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Legal analysis: It is possible to sue, as long as it complies with the provisions of the law, it can be sued, and the prosecution fee is 375 yuan.
Legal basis: Imitation slag "Civil Procedure Law of the People's Republic of China" Article 119 Litigation conditions: The following conditions must be met for prosecution:
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 litigation claims, facts, and reasons that have a clear body;
4) It is within the scope of the people's court's judgment to accept civil litigation and the jurisdiction of the people's court receiving the lawsuit.
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The facts of the case that need to be ascertained include: (1) the identity of the criminal suspect; (2) Whether there is criminal conduct that has been filed and investigated; (3) Whether the criminal conduct filed and investigated was committed by the criminal suspect; (4) The motive and purpose of the criminal suspect's criminal conduct; (5) The time, place, methods, consequences, and other circumstances of the criminal conduct; (6) The responsibility of the criminal suspect and his relationship with other co-defendants;