What should I do if I am sued for a sales dispute?

What should I do if I am sued for a sales dispute? We often encounter various sales disputes in our daily lives. A dispute over a sales contract may cause one party Cause losses, and the conclusions obtained in solving the problem may be varied. The following shares what to do if a sales dispute is sued. What to do if a sales dispute is sued1

1. How to deal with a sales contract dispute and is sued?

If a sales contract dispute involves defense or counterclaim on quality issues, it is recommended to entrust a lawyer to represent you. Litigation initiated due to contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or where the contract is performed. If a sales contract dispute occurs and both parties cannot reach an agreement through negotiation and the parties do not have an arbitration agreement, either party may file a civil lawsuit with the People's Court and request the People's Court to handle the contract dispute in accordance with the law.

Suits over a sales contract shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or where the contract is performed. A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price. Contract litigation refers to litigation arising from disputes arising from the performance of a foreign-related contract, the interpretation of its provisions and other aspects, and the parties to a contract file a lawsuit in the People's Court of my country. Among them, a contract is an agreement between civil subjects to establish, change, and terminate civil legal relationships.

2. What are the contents of the complaint for a sales contract dispute?

If a sales contract dispute is brought to the People's Court, a written complaint shall be submitted to the People's Court and Copies are filed according to the number of defendants. As a direct reflection of the plaintiff’s claims and the facts and reasons on which they are based, the indictment must state the following matters:

1. The basic situation of the parties. If the party is a citizen, his or her name, gender, age, nationality, occupation, and residence should be recorded; if the party is a legal person or other organization, his or her name, residence, and the name and position of the legal representative should be recorded; it is best to note this in the indictment. Specify the contact information to ensure that the court can accurately notify both parties to participate in the litigation in a timely manner.

2. Litigation claims and factual grounds on which they are based. In the Facts and Reasons section, it is enough to clearly state the basic facts in the appeal. The language should be as concise as possible, and the circumstances of the dispute over the sales contract and the legal basis for requiring the defendant to bear liability for breach of contract should be succinctly stated. The litigation claims must be clear and specific. When multiple litigation claims are filed, they should be numbered and listed item by item.

3. Evidence directory and evidence sources. Copies of the evidence can be submitted when the case is filed, and the original evidence can be submitted during the trial for cross-examination in court.

After a sales contract dispute is sued, you can entrust a lawyer to handle it on your behalf. When handling sales contract disputes through litigation, a complaint must be submitted to the People's Court. The content of the complaint should include the basic information of the parties, including name, gender, age, ethnicity, occupation, address, etc. Litigation claims, facts and reasons on which the lawsuit is based, sources of evidence submitted, and evidence catalogue. What to do if a sales dispute is sued 2

1. How should the defendant in the sales contract dispute be handled in the Civil Code?

The Civil Code does not provide for how to handle the defendant in the sales contract dispute, and civil litigation The law stipulates that after the defendant receives a copy of the indictment, he may make a defense or entrust a lawyer to represent the case.

"Civil Procedure Law of the People's Republic of China"

Article 58 Authorization of Agents

The parties and legal representatives may entrust one to two person as litigation agent. The following people can be entrusted as litigation agents:

(1) Lawyers and grassroots legal service workers;

(2) Close relatives or staff of the parties;

(3) Citizens recommended by the community, unit and relevant social groups where the party is located.

Article 125: Service of complaint and filing of defense

The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall receive the complaint within five days. File a defense within fifteen days from the date of arrival.

The defense statement shall state the defendant's name, gender, age, ethnicity, occupation, workplace, residence, and contact information; the name of the legal person or other organization

The residence and legal representative Or the name, position, and contact information of the person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.

2. How to determine the jurisdiction of sales contract disputes

Regarding the jurisdiction of sales contract disputes, we first need to look at the stipulations in the contract between the two parties. If the place of jurisdiction is expressly stipulated in the sales contract, the agreed place shall be the place of jurisdiction. If there is no agreement, jurisdiction will be determined according to legal provisions.

What is more complicated here is the place of performance of the contract. If there is an agreement in the contract, the agreed place shall be the place of performance. If there is no agreement, or the agreement is unclear, and the subject of the dispute is the currency to be paid, the currency to be received shall be the place of performance. The location of one party shall be the place of performance of the contract, and the location of the party that performs the other subject matter obligations shall be the place of performance of the contract. For a contract that is settled immediately, the place where the transaction occurs is the place where the contract is performed.

For example, if the seller seeks payment from the buyer, it will be governed by the seller’s location, because the seller is the party receiving the currency. If there is a product quality problem, it will also be governed by the seller’s location, because the seller has delivered the goods. Obligations for Conforming Goods. If the two parties agree on a location where the payment is one hand and the goods are one hand, then this location is the place of performance.

The above is the traditional sale of goods. If a sales contract is concluded through an information network, and the purchased goods are also delivered through the network, the place of performance is where the buyer is located. If the goods are delivered by other means, The place of receipt is the place of performance. What to do if a sales dispute is sued 3

1. How to prevent sales contract disputes

1. Before entering into a contract, you should know as much as possible the legal status, business scope, credit status and credit status of the other party. Recent operating performance, business reputation and other relevant information.

2. Before the agent signs a contract, you should understand his agency rights.

3. Pay attention to improving the quality of specific business personnel and leaders.

Attention should be paid to improving the business capabilities and quality of business personnel and leaders, and being familiar with the business conditions of the industry to effectively reflect and protect their own interests. Understand the relevant laws and regulations of this industry and understand whether the law prohibits or restricts this transaction. For contracts that are more professional or have larger subject amounts, lawyers and other legal professionals can provide help.

4. The conclusion of the contract should be in writing and use a relatively standard contract template or a template provided by one's own party.

5. The buyer should try his best to stamp the delivery note when receiving the goods.

6. Prevention of malicious performance.

The situation of malicious performance of a contract is very complicated, but if proactive precautions can be taken when entering into a contract, contract risks will be greatly reduced. If it is found that the creditworthiness of the other party is doubtful, the other party should be asked to provide a guarantee as much as possible. In addition, if problems arise during the performance of the contract, you should actively assert your rights and retain relevant evidence. Actively exercise your right to file a lawsuit to protect your rights through the People's Court to avoid losses caused by exceeding the statute of limitations.

7. Things to note when signing a repayment agreement: The amount of debt acknowledged by the other party should be stated in the agreement; the specific time for repayment; avoidance of other matters that are still in dispute between the two parties; and agreement on the first repayment. If the payment is still not repaid as agreed upon at the end of the period, it will be deemed to be fully due; it is agreed that if the other party fails to pay as agreed, it will be under the jurisdiction of the court where we are located; the agreement should also be stamped with the official seal of the unit that owes the money.

8. Payment by check should be checked according to prescribed procedures to avoid being robbed of the subject matter.

There are two more effective methods to prevent the fraud of falsely issued checks. One is to deliver the money upon payment. According to the time required for the check transfer, the buyer is required to pay the seller after the payment is received. Delivery, but this method is generally difficult for buyers to accept unless the goods are in short supply. Another method is to go directly to the drawer's bank to hold the check and deposit it into the account. You will know immediately whether the check can be cashed. If it can be cashed, you can transfer the money immediately. If the check is refused, you can stop the shipment immediately to avoid losses.

9. After receiving an order, you must check it thoroughly. If you find unreasonable terms, you must reply immediately and wait until the other party modifies the order before shipping.

2. How to resolve disputes in sales contracts

1. Resolve through negotiation

If the parties to a sales contract have a dispute during the performance of the contract, they should first be resolved based on the principles of equality, mutual benefit and consensus through consultation. Neither passive delay nor seizure of goods or refusal to pay payment should be used to exercise legal authority on one's own, because neither approach will help solve the problem. According to legal provisions, disputes should first be resolved through negotiation.

When disputes are resolved through consultation, both parties are based on mutual understanding, mutual accommodation and equal consultation. It does not affect unity and continued cooperation in the future, and can also save time, manpower and expenses.

2. Arbitration settlement

Arbitration means that when the parties to a sales contract have a dispute and the negotiation fails, according to relevant regulations or an agreement between the parties, a certain institution will use an intermediary or a third party to resolve the dispute. The identities of the three parties make judgments on the facts of the disputes between the two parties and make rulings on the rights and obligations. Arbitration is a commonly used method to resolve sales contract disputes.

3. Litigation settlement

When a sales contract dispute occurs and the parties cannot reach an agreement through negotiation, they can file a lawsuit in court and resolve the dispute through litigation. In recent years, with the continuous improvement of my country's legal system and the popularization of legal knowledge, people's legal awareness has continued to increase, and more and more contract disputes are resolved through litigation, and this method is more effective.