The information required to sue the enterprise for arrears are:
1. The legal information of the debtor's unit includes: the industrial and commercial registration information of the debtor's unit, legal documents generated by business dealings (such as contracts, performance evidence materials of the debtor's unit), property clues of the debtor's unit, etc.
2. If there are multiple transactions, the evidence materials formed by previous transactions can prove the existence of trading behavior.
3. In view of the probable need to preserve or enforce the debtor's property, the company can provide clues to its property to the court, such as the account number of the other company's bank or the information of real estate and vehicles, so that the court can seal up, detain and freeze its property.
4. Company performance certificate (delivered, the other party has received the goods). Evidence materials include but are not limited to: contracts, delivery orders, letters, invoices, checks, mailing vouchers, etc. In order not to affect the probative force of the evidence materials, the company should master the originals of the evidence materials to ensure the authenticity and legality of the other party's signature in the evidence materials.
5, whether there is a debt unit signature confirmation statement. The statement of account is a legal document for both parties to the transaction to confirm the accounts, which legally constitutes the debt unit's recognition of the debt. Because the statement has the legal effect of the creditor's rights document, the company can only prosecute the statement.
6. Relevant materials that have claimed money from the debtor's unit, such as dunning letters, contact letters, telephone recording and other materials.
What should I pay attention to in litigation debt collection?
First of all, we must confirm what kind of debt relationship it is. Judging from its reasons, the debt mainly comes from the conclusion of the contract. In addition, there are debt relations of tort, unjust enrichment and negotiorum gestio. In addition, with the introduction of the guarantee law, debt guarantee is also a legal guarantee for debt performance. There are five ways of guarantee: guarantee, deposit, mortgage, pledge and lien. It can be seen that it is a prerequisite for the parties to first confirm what kind of debt relationship they belong to.
Second, we must ensure that the debt relationship is established according to law. According to Article 85 of General Principles of Civil Law of People's Republic of China (PRC): "A contract is an agreement between the parties to establish, change and terminate a civil relationship. Contracts established according to law are protected by law. " It can be seen that whether the rights and interests of the parties to a debt dispute can be protected by law depends on whether this debt relationship is legal and effective.
Third, we should establish the concept of limitation of action. In the past cases of debt disputes, most of the reasons for losing were beyond the limitation of action. It can be seen that the limitation of action also determines whether the parties win or lose the case. The limitation of action stipulated by law means that the obligee fails to exercise his rights within the statutory period, that is, he loses the right to request the court to force the obligor to perform his obligations according to the litigation procedure. Limitation of action can be divided into general limitation of action, special limitation of action and the longest limitation of action. Article 135 of the General Principles of Civil Law stipulates that the limitation period for general civil rights is 2 years; Article 136 stipulates that the limitation period for the following acts is 1 year: claiming personal injury compensation, undeclared sales of unqualified goods, delaying or refusing to pay rent, and loss or damage of the deposit; It also stipulates that the maximum limitation period is 20 years. In addition, it should be noted that the start time of litigation is counted from the time when the obligee knows or should know that the right has been infringed.
To sum up, it is Bian Xiao's relevant answer about what information the company needs to sue the company for arrears, hoping to help you.
Legal basis:
Article 64 of the Civil Procedure Law of People's Republic of China (PRC)
The parties have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Article 122 of the Civil Procedure Law, 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.
Legal basis: Article 122 of the Civil Procedure Law. 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.