Money is the link between our transactions. Companies often have money relationships with customers when doing external transactions. So what is the process for suing the court for defaulting on payment? The first step is to file a lawsuit with the court, submit a complaint, and the court will file the case for review. The parties must actively pay the litigation fees, and then the court will be held to review the outcome of the trial. Money is the link between our transactions. Companies often have money relationships with customers when doing external transactions. So what is the process for suing the court for defaulting on payment? The first step is to file a lawsuit with the court, submit a complaint, and the court will file the case for review. The parties must actively pay the litigation fees, and then the court will be held to review the outcome of the trial.
1. Civil prosecution process 1. Prosecution means submitting a complaint to the filing division of the court with jurisdiction. 2. Case filing review If the case filing conditions are met, the parties will be notified to pay the litigation fees within 7 days, and the case will be filed after payment. If the case filing conditions are not met, the case will be ruled inadmissible. If you are dissatisfied with the ruling to dismiss the lawsuit, you must appeal to the higher people's court within 10 days. After accepting the case, the court will serve a copy of the complaint to the other party within 5 days, and the other party will respond within 15 days, notify the party to exchange evidence, and can make a property preservation ruling based on the party's application and start execution immediately 3. Schedule the hearing in advance 3 The parties will be notified of the time, location, and person in charge of the court session on the same day; public hearing cases will be announced three days in advance. 4. Trial: Announce the opening of the hearing, check the identities of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for recusal. Court investigation: the parties state the facts of the case. Producing evidence and cross-examining evidence: informing witnesses of their rights and obligations, testifying, reading out the testimonies of witnesses who are not present in court, and presenting documentary evidence, physical evidence and audio-visual materials; both parties express their opinions on the evidence materials. Court debate: The parties concerned argue and argue on disputed facts and legal issues. Court mediation: Under the auspices of the court, both parties agree to resolve disputes. If a mediation agreement is reached, a mediation letter will be produced, which will take effect after being signed by both parties. The parties shall fulfill the contents of the mediation letter or apply for execution; if a mediation agreement is not reached, the collegial panel will make a ruling (declaration of judgment). 5. If the judgment is agreed, the parties shall automatically perform the obligations specified in the judgment document or submit an application for execution to the court of our court; if they disagree with the judgment, they need to be treated according to the circumstances: Ruling: appeal to the higher people's court within 10 days from the date of delivery; Judgment: Appeal to the higher people's court within 15 days from the date of service.
2. How to sue a customer for defaulting on payment? Write a complaint to the court, but the complaint should record the following matters: (1) Plaintiff’s name, gender, age, ethnicity, occupation, workplace, and residence , contact information, the name, residence of the legal person or other organization and the name, position, contact information of the legal representative or principal responsible person; (2) The name, gender, work unit, residence and other information of the defendant, the name of the legal person or other organization , residence and other information; (3) Litigation claims and the facts and reasons on which they are based; (4) Evidence and evidence sources, names and residences of witnesses.
3. Conditions for legally recovering payment arrears (1) Evidence proving the existence of a creditor-debt relationship. Transaction contracts, delivery lists, receipts, statements, bank records, etc. can all be used to prove the existence of a creditor-debt relationship. evidence. (2) Information proving the identity of the debtor. If the debtor is a natural person, a copy of his or her ID card, residential address, etc. is required. It is best if the debtor is a company and has a bank account. Pay special attention to companies changing their names and addresses so that creditors cannot find them to avoid debts. Some citizens also frequently move their residence and registered residence, and as time goes by, no one is found. Therefore, creditors must pay attention to retaining and collecting information about the debtor. (3) It is best to have clues about the debtor’s property. Many debtors often claim that they have no ability to repay their debts, but in fact hide their property. In order to prevent you from not getting the property after winning the lawsuit, you should pay attention to collecting clues about the debtor's property. (4) Pay attention to the statute of limitations. The statute of limitations for requesting the court to protect civil rights is two years. As for the payment of goods in arrears, it starts from the time when the debt expires and the other party refuses to return it. The statute of limitations is interrupted by the filing of a lawsuit, a request by one of the parties, or an agreement to perform an obligation. After the statute of limitations is interrupted, the period will be recalculated
What is the process for suing the court for defaulting on payment? If the loan is in arrears, the parties have no other choice but to seek help from the court. After the lawsuit is brought to the court with jurisdiction, they must Submit the indictment, and then actively pay the litigation fees. The court will review and review the case, then hold a court hearing, conduct court investigation and debate, and other procedures, and finally determine the outcome of the trial.