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What are the standards for filing a case of malicious default on payment?

A loan of 5,000 yuan can be applied for, and a credit card of more than 2,000 yuan can be applied for. If the bank sues to the court and the debtor fails to fulfill the court judgment after the court judgment, the bank can apply to the court for enforcement. If the debtor has the ability to perform the judgment but refuses to do so, in serious cases it will constitute the crime of refusing to perform the judgment. If it is really difficult to perform, the court will also extend the time for performance.

The buyer and seller pay and deliver the goods. However, if the goods have been delivered to the other party but the payment has not been received, and the communication with the other party is still ignored, the other party will be suspected of maliciously defaulting on the payment. What should you do at this time? Although malicious default on payment is an economic dispute and does not constitute a crime. But the negotiation failed, so we had to go to court to sue. Let me introduce to you the standards for filing cases of malicious default in payment.

1. What are the standards for filing a case for malicious default in payment? Generally, default in payment is a civil contract dispute, and rights can be safeguarded through litigation. A case can be opened for a malicious default of 5,000 yuan on a loan, and a case can be opened for a credit card payment of more than 2,000 yuan.

2. How to sue for malicious default on payment: (1) When a party sues, the indictment should be submitted first, and the corresponding number of copies should be submitted according to the number of other parties. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail should be signed or stamped with an official seal. (2) According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court: 1. Materials on the plaintiff's subject qualifications. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units as plaintiffs should submit copies of business licenses, business registration certificates and other materials. 2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc. (3) When parties submit documentary evidence to the court, they should fill in two copies of the evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be handed over to the parties and the other will be filed. (4) The case-filing tribunal will handle the case-filing procedures within seven days after the parties have fulfilled the necessary procedures and submitted relevant evidence and materials. Those who meet the case-filing conditions will be processed; for those who do not meet the case-filing conditions, it will rule not to accept the case in accordance with the law. (5) The parties concerned should prepay the case acceptance fee and other litigation fees within seven days from the date of receipt of the acceptance notice. If they really have difficulties, they may submit a written application to this court for reduction, deferment or exemption of payment within the prepayment period. If you fail to pay within the time limit or if your written application for deferment, reduction or exemption is not approved and you still fail to pay in advance, this court will rule that the case will be automatically dismissed. (6) After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the court's various work arrangements and go to the finance office to settle the litigation expenses after the case is concluded.

3. The statute of limitations for arrears of payment 1. The statute of limitations for arrears of payment is two years. 2. For IOUs that indicate the date for payment of payment, the statute of limitations shall be calculated from the date of payment of payment. 3. For an IOU that does not specify the date for payment of the goods, the statute of limitations shall be calculated from the day after the debtor issues the IOU. 4. For an IOU that has exceeded the statute of limitations for a payment dispute, if the debtor issues another IOU, the statute of limitations will start anew.

IV. Liquidated damages and interest on defaulted payments 1. The party concerned not only has the right to demand the return of the payment, but also has the right to require the defendant to repay the interest on the defaulted payment. 2. The attorney scientifically and accurately calculated the specific amount of interest for the client by reviewing the financial deposit interest rates in various periods over the past few years. 3. It is not difficult to claim repayment of interest. The difficulty lies in how to accurately and rationally calculate the specific amount of interest required to repay arrears in the face of deposit interest rates that often fluctuate. 4. With meticulous spirit and precise calculation and verification, the attorney finally provided the client with a legal basis, accurate and scientific amount of interest repayment on the arrears.

5. How to recover the payment 1. During the period when the attorney accepts the entrustment to recover the payment, the client shall not withdraw the entrustment without the consent of the attorney. 2. If the party withdraws the entrustment without authorization, the party shall compensate the attorney for the actual fees paid to recover the payment and the expected loss of profits, including but not limited to the actual expenses incurred by the attorney in cooperating with local law firms or debt collection agencies. 3. The attorney can help the parties to recover the payment by means of telephone recovery, letter recovery, issuing attorney's letter, litigation, arbitration, etc. 4. The adoption of specific recovery methods shall be decided by the parties concerned based on the specific circumstances of the case, such as the size of the subject amount, the completeness of the evidence, the time of payment arrears and other circumstances. 5. No matter what method the attorney uses to recover the payment, the parties should actively cooperate with the attorney to recover. 6. The parties concerned should collect and organize the evidence involved in the case under the guidance of the attorney. The above is the content related to the filing standards for malicious default on payment that I compiled. Because malicious default on payment is an economic contract dispute, not a criminal case, it does not constitute a crime, and the case cannot be filed with the Public Security Bureau. If you want to recover the payment, you can only file a lawsuit in court and let the court decide. If the other party does not arrive and you have sufficient evidence, the court will rule in favor of your side. After winning the lawsuit, you can ask the court to enforce the law and get your money back.