First, how to sue the arrears?
1. Write a complaint in the name of the company/individual;
2. Submit a complaint to the court where the defendant is located and provide evidence (written evidence such as IOUs);
3, pending trial, the general case concluded in the court for 6 months, 6 months can not be concluded, with the approval of the president of our hospital, can be extended for 6 months.
4. After the judgment comes into effect, if the other party fails to pay back the money, it may apply to the court for compulsory execution (if the other party has no money, it may apply for preservation of the other party's house).
Second, what is the process of prosecution?
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
2. According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:
(1) The materials of the plaintiff's subject qualification. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
(2) Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay the fee within the time limit or the written application for deferment, deferment or exemption is not approved, our hospital will decide to withdraw the lawsuit automatically.
6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.
Legal basis:
Article 119 of the Civil Procedure Law of People's Republic of China (PRC) 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.