Application for payment order is called supervision procedure in litigation, which applies to monetary debt and securities debt. The creditor-debtor relationship between the parties should be clear, and the creditors should have sufficient evidence, such as IOUs and IOUs. Moreover, one party simply enjoys the right to attack, the other party simply has the obligation, and both parties have no debts to each other. In addition, the debtor should live in China and have a clear address so that the payment order can be served directly. If these conditions are met, the creditor may write an application with evidence and request the court to issue a payment order without prosecution.
If the other party does not raise any objection within 15 days after the payment order is issued, the creditor may apply to the court for enforcement. If the other party raises an objection within 15 days, the payment instruction will automatically become invalid. At this point, creditors can only sue for debt collection through litigation.
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.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted 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.