If the money is not paid, the prosecution process is generally as follows:
1. negotiation reminder: after overdue payment, you can negotiate with the other party to remind them by telephone, SMS, written letter, etc., and ask them to fulfill their payment obligations as soon as possible;
2. Send a lawyer's letter: If negotiation and urging fail, you can entrust a lawyer to send a lawyer's letter to the other party, asking the other party to pay the payment as soon as possible and bear relevant legal responsibilities;
3. Bring a lawsuit: If the other party still refuses to pay the payment, it can bring a lawsuit to the local people's court, asking the court to order the other party to pay the payment, interest and liquidated damages, and bear the legal fees, attorney fees and other related expenses;
4. Trial in court: After the prosecution is completed, the court will conduct the trial according to relevant evidence and legal provisions, listen to the statements and debates of both parties, and finally make a judgment;
5. Execution of the judgment: If the other party still fails to perform the judgment, it can be enforced by the court to force the other party to perform the judgment.
You can sue for money back by the following steps:
1. Negotiate with the buyer: First, negotiate with the buyer and ask him to pay for the goods according to the contract. You can send a dunning notice to the buyer by telephone, mail, letter, etc.
2. Send a lawyer's letter: If negotiation fails, you can ask a lawyer to draft a lawyer's letter and ask the buyer to pay the goods according to the contract. A lawyer's letter usually warns the buyer to pay for the goods within a certain period of time, otherwise legal action will be taken;
3. Prosecution: If the buyer still refuses to pay the purchase price, he can sue the buyer through legal channels. You can bring a lawsuit to the local people's court, demand the buyer to pay the purchase price, and bear the relevant liquidated damages, interest and other expenses.
To sum up, in the process of prosecution, it is necessary to prepare relevant evidence, such as contracts, invoices, receipts, bank transfer records, etc. , proving that the buyer owes money. At the same time, in accordance with local legal procedures and regulations, submit prosecution materials as required and participate in court trials and mediation procedures.
Legal basis:
Article 1 19 of the Civil Procedure Law of People's Republic of China (PRC).
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 120
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.