Legal analysis: If negotiation fails, evidence can be collected and settled in court proceedings. The competent court is usually the defendant's domicile or habitual residence. The summary trial procedure is three months, and the statute of limitations is generally three years. The specific litigation process is: 1. Write a civil complaint, collect relevant evidence materials, and file a case with the people's court with jurisdiction; 2. After the case is accepted, the court will give you a notice of payment and pay a certain percentage of litigation costs to the designated bank according to the instructions; 3. Waiting for the court to inform the court, the original defendant will generally be issued a subpoena; 4, according to the time and place indicated in the summons to appear in court to participate in the proceedings; 5. Wait for the verdict after the trial. If he refuses to accept the judgment, he shall appeal to the intermediate people's court from the date of receiving the judgment. 6. After the judgment takes effect, you may apply to the court for enforcement.
Legal basis: Article 119 of the Civil Procedure Law of People's Republic of China (PRC), 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) 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.