First, prepare the prosecution materials.
1. Collecting evidence: the plaintiff needs to collect evidence related to the company's arrears, including contracts, invoices, statements, mail exchanges, etc. To prove the fact and amount of the company's arrears.
Write a complaint: according to the collected evidence, the plaintiff needs to write a complaint, clarify the claim, facts and reasons, and list relevant evidence.
3. Prepare other materials: In addition to the complaint, the plaintiff also needs to prepare identity certificates, power of attorney and other related materials.
Second, file a case.
1. Submission of prosecution materials: The plaintiff submits the prosecution materials to the people's court with jurisdiction and pays the litigation fees.
2. Court review: The court will review the prosecution materials to confirm whether they meet the conditions for filing a case.
3. Notice of filing a case: If the conditions for filing a case are met, the court will issue a notice of filing a case to determine the time and place of the court session.
Third, the trial
1. Trial in court: During the trial, both the plaintiff and the defendant should appear in court, and both parties should make statements, give evidence and argue.
2. Court investigation: The court will investigate according to the evidence and statements provided by both parties, and may require both parties to supplement evidence or conduct on-site investigation.
3. Trial record: The trial process will be recorded as the basis for subsequent judgments.
Four. judge
1. Judgment result: The court will make a judgment based on the evidence provided by both parties and the trial situation to determine whether the defendant should pay the arrears and the amount of payment.
2. Service of judgment: The court will serve the judgment on both parties, and the judgment has legal effect.
Verb (short for verb) fulfillment
1. Application for enforcement: If the defendant fails to perform his obligations according to the judgment, the plaintiff may apply to the court for enforcement.
2. Execution procedure: The court will start the execution procedure and take measures such as sealing up, seizure and auction to force the defendant to perform the judgment obligation.
To sum up, the process of suing the company for arrears includes preparing prosecution materials, filing a case, hearing, judging and executing. In the whole process, the plaintiff needs to follow legal procedures and provide sufficient evidence to support his claim.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 1 19 stipulates:
"The 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) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court. "
People's Republic of China (PRC) Civil Procedure Law
Article 123 stipulates:
"The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he may appeal. "