First, how to choose the cause of default dispute
(1) The arrears are only facts, not legal relations. Rent, sales, meals, service fees, consulting fees, wages, etc. But they are all in arrears. What is owed is due, but not paid.
(2) How to determine the cause of action of the arrears, according to the basis on which the arrears are based, if the purchase price is not paid, it is a dispute over the purchase contract. For example, non-payment of rent is a house lease contract dispute.
(3) Determining the cause of action is the authority and responsibility of the collegial panel or the sole judge, not the responsibility of the parties or agents. The parties can choose the basis of the right of claim, but they cannot decide the cause of the case. Therefore, the collegial panel or the sole judge should take the initiative to "characterize" the case and determine the appropriate cause of action according to the right of claim chosen by the parties.
Second, the determination of jurisdiction over arrears disputes.
According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), the jurisdiction of civil litigation is as follows:
Article 21 A civil action brought against a citizen shall be under the jurisdiction of the people's court where the defendant has his domicile;
(2) If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence;
(3) A civil lawsuit filed by a legal person or other organization shall be under the jurisdiction of the people's court where the defendant has his domicile;
(4) Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
(5) Article 23 A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
If the parties have determined the court jurisdiction of the arrears dispute, they need to prepare corresponding evidence materials for the lawsuit.
Three, after the jurisdiction of the arrears dispute is determined, the materials to be prepared for the prosecution of arrears disputes:
(a) evidence to prove the qualification of the parties:
(a) if the party is a natural person, submit identity information such as ID card, household registration book and household registration certificate of the public security organ;
(2) If the party concerned is a legal person or other organization, it shall submit a copy of the industrial and commercial business license issued by the industrial and commercial registration authority or the main registration materials such as the industrial and commercial registration list, the registration certificate of corporate association, and the organization code certificate. ;
(3) If the name of the party changes after the legal relationship of litigation changes, it shall submit the change registration information.
(2) evidential materials to prove the existence of the loan relationship, loan contracts, loan agreements, IOUs, IOUs, repayment commitments, etc.
(three) evidence that the loan has been paid off, and the receipt or payment voucher for repayment of principal and interest in installments.
(4) Basis for calculating the amount of litigation request, providing the calculation list of the principal and interest amount required to be paid in the litigation request, including the calculation list or voucher of the principal balance, the calculation list or voucher of the interest amount, etc.
(5) Other supporting materials that need to be provided.
The above is about how to choose the cause of action for your arrears dispute. To sum up, I remind you that when the debtor fails to pay back the money, the parties to the arrears dispute can bring a lawsuit to the court, and the cause of the arrears dispute is determined on the basis of the arrears. If you have any legal questions, it is recommended to consult a professional lawyer.