Write a civil complaint

Write a civil complaint. If you want to litigate, you need to prepare the complaint in advance, and the complaint is a legal document. , the format and content of a complaint have legal requirements. Let’s teach you how to write a civil complaint. Write a civil complaint 1

Plaintiff: Hu, female, Han nationality, born on March 2, 1xx, native place: ** Town, ** County, Meizhou City, Guangdong Province, current residence: *****, Guangzhou City Room 301, Tel: xxxxxxxxxx

Defendant: Cai **, male, Han nationality, born on January x, 1xx, address: No. Yong* Street, ** Town, ** County, Guangdong Province. ID number: xxxxxxxxxx, contact number: 1x1221*****

Litigation request:

1. The defendant is ordered to return the plaintiff’s loan of xx,000 yuan.

2. The defendant was ordered to pay 30,000 yuan in interest on the loan.

3. The defendant is ordered to bear the litigation costs of this case.

Facts and reasons:

The defendant is originally from Haifeng, Guangdong, and now lives in Yuexiu District, Guangzhou. The defendant and I met in Guangzhou in January 2020. We later contacted each other over the phone, sang songs, went on dates, and got to know each other better. In March 2020, the two parties lived together in Tianhe District, Guangzhou. Because the two parties had little contact and understanding, and I was still young, I was deceived by the defendant's rhetoric and mistakenly thought that he was a wealthy boss. I was devoted to him and even abandoned several boyfriends I had been with for many years.

But the defendant’s true face was exposed after they moved in together. The defendant made a career out of deceiving ignorant women. He was indolent and often traveled abroad on business trips. He ignored me. When my parents and I tried to persuade him, we were insulted and beaten by him. The defendant was of low quality, had a bad temper, was extremely morally corrupt, and resorted to despicable means. He often abused me physically and mentally during our cohabitation, which made me unbearable.

During the period when the original defendant was acquainted, the defendant Cai ** used the excuse that the business failed and needed turnover. Borrowed RMB 153,000 (one hundred and fifty-three thousand yuan). Among them, the transfer amount is x3,000 yuan (nineteen thousand and thirty thousand yuan), and the cash is x00 million (six thousand yuan). As of April 21, 2017, the defendant had returned 55,000 yuan (five thousand five thousand yuan) and still owed the plaintiff Hu xx, 000 yuan (nine million eighty thousand yuan).

Regarding the arrears of xx,000 (98,000 yuan), the plaintiff and defendant signed a supplementary loan agreement on April 21, xxx3, stipulating that the interest would be based on RMB xx,000 yuan and 3% per month. , which is 2x40 yuan/month. Regarding the outstanding amount, the plaintiff and the defendant agreed to pay it off in three installments: 50,000 yuan before April 30, xxx3, the second installment of 4,000 yuan on May 15, xxx3, and the third installment of 50,000 yuan on May 15, xxx3. The borrower shall repay RMB 30,000 on May 30, 2020; the interest generated shall be RMB 30,000 and shall be paid by the borrower on May 30, xxx3.

Since then, the plaintiff has been urging the defendant to repay, but until the date when the plaintiff filed a lawsuit with your court, the defendant did not repay any loan to the plaintiff. During this period, the plaintiff approached the defendant many times and asked him to repay the money as agreed, but the defendant was nowhere to be seen and his mobile phone could not be reached for more than half a month.

After some searching, it was discovered that the defendant’s true identity was actually a liar who specialized in deceiving women. He was married and had children!! The plaintiff had deep feelings for the defendant, and for the sake of the defendant’s Business, and for the future of the two of them, I believe that true love is invincible, time changes everything, and all the efforts will prove to be worthwhile.

So I spent everything I had on borrowing money from relatives and friends, and even applied for a special credit card to withdraw cash for my overdraft, saving money on food and clothing. During this year, I faced the incomprehension of my colleagues, friends, family, and other boyfriends. , I have experienced the warmth and coldness of human love, and I no longer remember how many nights and how many times I shed tears for him.

According to the "Contract Law of the People's Republic of China", the loan relationship between the plaintiff and the defendant was established and legal and valid.

However, after obtaining the loan, the defendant refused to perform its repayment obligations as agreed. The defendant failed to pay the first and second installments as agreed upon, and had a tendency to evade debts. He also had other debts that were burdened and failed to be repaid on time. The three installments of repayments constitute an anticipated breach of contract in accordance with the law. The plaintiff now requires the defendant to repay all the loans and files a lawsuit with your court in accordance with the Civil Procedure Law of the People's Republic of China. We hope the verdict will be as requested.

Sincerely,

People’s Court

Petitioner:

Write a civil complaint on the year, month and day 2

< p> First of all, you need to determine the specific identity information of both parties to the lawsuit, including individuals and companies. Individuals involve their identity information and household registration information, and companies mainly involve the company's industrial and commercial registration information. This information is the most basic information.

The second step is to determine the litigation requirements. The litigation requirements are, what are your specific requirements? Including money, including specific implementation matters, including performance, including confirmation information, etc. These requirements must be true and reasonable and within the scope supported by the law. Otherwise, you may face the risk of losing the lawsuit.

Then, identify the facts and reasons. In the facts and reasons section, provide a detailed description and argument for the incident and your claim. Moreover, during this process, the judge must be informed by specific original evidence. Pay attention to the validity and relevance of the evidence.

Finally, confirm the specific jurisdiction and the specific address and name of the jurisdictional court involved. Whether there are circumstances requiring arbitration. Generally, jurisdiction mainly involves the court where the defendant is located and the court where the company is registered. In the case of a contract, it generally includes the court where the performance is performed or the court where the agreement is made.

Quote legal provisions. After the factual reasons are completed, you can make an accurate quotation of the legal provisions applicable to the matter. Of course, many friends are unable to effectively quote or use the correct provisions. At this time, you can use an overview to describe the legal provisions that apply to the matter. "Civil Procedure Law", according to the "General Principles of Civil Law", according to the "Contract Law", etc. to express the legitimacy, legality and validity of your basis.

Finally, write down the date and name of the petitioner (please put your thumbprint). In addition, at the end, you should attach the evidence materials and various identity information materials you provided to ensure that the judge can , quickly and effectively understand the process and facts of the entire case.

In summary, small lawsuits and lawsuits with relatively low amounts are part of the entire litigation process. It is a trivial part, but its procedures and procedures are completely consistent with other lawsuits, so it often causes certain difficulties to the parties involved. How to write a complaint legally and effectively is a necessary skill. Write a civil complaint 3

(1) The plaintiff’s name, gender, age, ethnicity, occupation, workplace, residence, contact information, the name, residence and legal representative of a legal person or other organization or The name, position and contact information of the main person in charge;

(2) The name, gender, work unit, residence and other information of the defendant, the name, residence and other information of the legal person or other organization;

< p> (3) Litigation claims and the facts and reasons on which they are based;

(4) Evidence and sources of evidence, names and addresses of witnesses.

Some local courts will also require the parties to choose and fill in the "cause of action" in the complaint.

Instructions for writing the complaint

1. Name: "Civil "Complaint" or abbreviated as "Complaint"

2. Information about the parties: that is, the identity information of the original defendant.

If the plaintiff and defendant are individuals, the name, gender, age, ethnicity, work unit, address, ID number, and contact information must be listed.

If the plaintiff and defendant are entities, the name and address of the entity, the name, position and contact information of the legal representative or person in charge must be listed.

If there are multiple plaintiffs and defendants, the situation shall be listed separately according to the multiple plaintiffs and defendants.

Special note: The names of the plaintiff and defendant must be accurate without any typos. If there are typos in the name, it may directly lead to the subject being wrong and the lawsuit being dismissed. The address provided should be as detailed as possible, down to the house number.

3. Litigation request: simply and clearly state the specific rights and interests that the court is required to order or confirm.

For example, the specific amount of payment required, specific matters required to be confirmed, etc. If there are multiple litigation claims, they should be listed separately.

In addition, before filing a lawsuit, some local courts also require the parties to fill in the "cause of action" in the complaint, but this is not a requirement of the Civil Procedure Law. The cause of action is the name of the case formed by the court summarizing the nature of the legal relationship involved in the litigation case, such as "private loan disputes", "divorce disputes", "house sales contract disputes", etc.

There are hundreds of statutory causes of action. Selecting a cause of action in some cases requires professional knowledge and case research. If you cannot confirm the cause of action yourself, it is better to find a professional lawyer to handle it.

4. Facts and reasons: Write clearly the facts and legal basis supporting the claim.

State the basic facts of the dispute between the two parties clearly, and try to use summary, simple and clear language instead of long and detailed discussions. Of course, the focus of disputes and conflicts between the two parties still needs to be made clear.

Note that the facts and reasons must be connected with your own litigation claims and become the basis to support your claims.

If there is a legal basis, it can be listed in the complaint, but lawyer Yang Wenzhan recommends that the complaint should mainly state the facts. The legal basis can be clearly stated in the abbreviation of the legal article, or even not included. For common legal provisions, judges know that they do not need to be taught by the parties. If it involves more professional and special legal provisions, I am afraid that such cases cannot be handled by ordinary people by themselves, so it is better to leave them all to professional lawyers.

5. Tail: name of the court, signature of the parties, and date.

In which court the lawsuit will be filed, state the full name of the court at the end.

After "Prosecutor", the party concerned is an individual and must be signed by himself. If it is a unit, it must be signed by the legal representative or person in charge and stamped with the official seal of the unit.

The date must be filled in completely. It is best to fill in the last date with the date of filing the lawsuit.

6. Evidence part: List the relevant evidence to be submitted to the court

If there is less evidence, you can directly attach the relevant evidence to the complaint and list the evidence directly in the complaint. If there is a lot of evidence, a separate evidence catalog can be prepared and submitted to the court together with the indictment.

General evidence should describe basic information such as "evidence name", "proof content", "evidence source", etc. When filing a lawsuit in court, you generally need to submit copies of evidence first, but you should bring the originals with you for verification by the court.

7. Carrier of the complaint

The court requires that the complaint must be on A4 size paper. As for whether it is printed or handwritten, of course, most of them now submit printed complaints. Some courts even require the parties to submit an electronic version of the complaint when filing a case.