First, collect evidence.
The parties concerned should first collect evidence related to the loan dispute, including but not limited to loan contract, loan note, transfer record, chat record, etc. These evidences will be used to prove the facts, amount and agreement of both parties.
Second, determine the competent court.
According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), the parties concerned shall bring a lawsuit to a court with jurisdiction. Usually, the people's court of the defendant's domicile or the place where the contract is performed can be selected as the jurisdiction court.
Third, the writing of the complaint
The parties need to write a complaint, detailing the facts, requirements and reasons for the loan. The indictment shall include the basic information of the plaintiff and the defendant, the claims, facts and reasons, and a list of evidence.
Fourth, submit the prosecution materials.
The parties submit the complaint and relevant evidence materials to the court for the record. The court shall review the materials, file a case if it meets the conditions for filing, and notify the parties to pay the litigation fees.
Verb (abbreviation for verb) opens a court session.
When the court arranges a court session, the parties need to appear in court to participate in the proceedings according to the summons. During the trial, both parties may provide evidence, cross-examine and debate on the disputed facts.
Judgment and execution of intransitive verb
The court makes a judgment according to the trial situation, and determines the responsibility attribution and performance mode of the loan dispute. If a party refuses to accept the judgment, he may appeal within the prescribed time limit. After the judgment comes into effect, the party obligated to perform it shall perform it on time, otherwise the other party may apply for compulsory execution.
To sum up:
The prosecution process of private lending disputes includes collecting evidence, determining the competent court, writing a complaint, submitting prosecution materials, hearing, making a judgment and executing. In the process of prosecution, the parties should abide by the law and ensure that their rights and interests are protected by law. Resolving loan disputes through legal channels is conducive to maintaining social order and fairness and justice.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 1 19 stipulates:
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.
People's Republic of China (PRC) Civil Procedure Law
Article 120 stipulates:
The prosecution shall submit a complaint to the people's court, and submit copies 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.