How can we sue each other without information about each other? When you sue the other party, you need the other party's information. You must have the identity information of the defendant in the prosecution. Otherwise, even if the prosecution materials are ready, it is impossible to file a case in the court. Let's look at how to sue the other party and related materials without the other party's information.
How to sue the other party without the other party's information 1 According to the provisions of China's civil procedure law, the lawsuit must have a clear defendant, including the defendant's name, address and date of birth. And this situation must be supported by the corresponding household registration certificate. We can entrust a lawyer to help us get it, or we can provide the court with the defendant's name, address and other information that can distinguish the defendant from others, the lawsuit request and its reasons. Based on this information, the court believes that if there is a clear defendant, it will file a case for review.
First, query the enterprise information file:
If the defendant is the legal representative, shareholder, director and supervisor of a company in Shenzhen, you can find the defendant's ID number by searching the company's industrial and commercial files. Some companies have a copy of the defendant's ID card in the industrial and commercial files, while others may only find the ID number. If there is only the defendant's ID number in the industrial and commercial archives, you can go to shenzhen public to inquire about the defendant's photo, date of birth, address and other specific identity information after obtaining the ID number.
Second, retrieve the real name information of WeChat:
Anyone who knows the defendant's micro-signal can apply to Tenpay Payment Technology Co., Ltd. for a lawyer's investigation order to inquire about the real-name authentication information of the micro-signal. In the past, lawyers' investigation orders were only applied after the court formally accepted the case. Now, because it is true that many cases require lawyers' investigation orders to obtain the defendant's ID number before they can be filed, some courts can also apply to the filing court to file a case. In order to avoid the failure of the application, first consult the court with jurisdiction.
Because some of the micro signals used by the defendant may have registered other people's identity information, in order to avoid a trip in vain, we can confirm whether the micro signal belongs to the defendant by downloading the WeChat payment transfer electronic certificate. The method is simple. As long as there was a WeChat transfer between the original defendants, regardless of the amount, you can find any transfer with the defendants in the WeChat payment bill, and click in to apply for transfer to electronic certificate.
You can only apply if you enter the other person's name. If the defendant's name cannot be entered, it means that the defendant's identity information is not registered on WeChat, and it is not necessary to apply for adjusting the real name information of WeChat. It's no use applying. If you can download the name of the defendant, you can confirm that the micro signal is registered with the identity information of the defendant.
Third, obtain bank account information:
If you know the defendant's bank account number, you can first call the bank customer service to confirm the bank, and then call the bank to confirm whether the lawyer can access the bank account information. If so, you can apply for a lawyer's investigation order from a court with jurisdiction that can apply for a lawyer's investigation order. The defendant's ID number can be obtained by querying the bank account information. Some banks must go to the bank to check, and all branches of some banks can check, so you should call the bank first to confirm.
The above three inquiry methods are most commonly used by lawyers in handling cases. In addition to inquiring about the internal files of enterprise information, there is no need to inquire about the court information. No matter whether you retrieve WeChat or bank information, you need an investigation order from a court lawyer. However, it may not be so smooth to apply for a court lawyer's investigation order, so it is suggested that the parties take the initiative to ask the defendant to provide a copy of their ID card before entering into a contractual relationship with the defendant, so as to facilitate litigation.
How to sue the other party without the other party's information 2 1. The Civil Procedure Law stipulates that the lawsuit must have a clear defendant, including the defendant's name, address and date of birth. And this situation must be supported by the corresponding household registration certificate.
2. You can find a lawyer to go to the police station to investigate. When a lawyer shows his lawyer's card, he may ask the police station to provide the defendant's information.
Prosecution procedure
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.
Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials. 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.
Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages. 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.
Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. 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 within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.
Six, after the completion of the filing procedures, the case shall be arranged by the court, and the parties shall obey the work arrangement of the court, and settle the litigation costs in the financial room after the case is closed. The litigation costs are ultimately borne by the losing party.
How to sue the other party without the other party's information 3. How can I sue without the other party's ID card?
There is no law requiring the plaintiff to provide the defendant's citizenship number.
Second, the law stipulates that
Article 209 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law If the plaintiff provides the defendant's name, address and other information that can specifically distinguish the defendant from others, it may be deemed that there is a clear defendant.
If the defendant's information listed in the indictment is insufficient to identify the defendant clearly, the people's court may inform the plaintiff to make corrections. If the plaintiff is still unable to determine the defendant after making corrections, the people's court shall rule that it will not be accepted.
Article 121 of the Civil Procedure Law shall record the following items: the defendant's name, gender, work unit, domicile and other information, the name and domicile of a legal person or other organization and other information;
If you don't have the other party's ID card but have other information, such as work unit and residence, you can still sue, and you don't need too detailed ID card and other information.