Without the information of the prosecution, many people will choose to borrow money from others when they are in financial difficulties, and they will pay back the borrowed money. If the borrower doesn't pay back a certain amount, they can sue. What if I can't find the information of the prosecution?
What should I do if I can't get the information of the other party and don't know the information of the other party?
1, the civil procedure law stipulates that the lawsuit must have a clear defendant, including the defendant's name, address, date of birth, etc. 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.
I can't get the information to sue my opponent. I owe money. No, I don't have his. What about identity information? How to sue each other for not paying back the money?
Private lending dispute is a very common dispute. Most of the facts are clear and the evidence is easy to collect. If the loan amount is not large, you can sue yourself. Now courts all over the country can provide online filing. Next, I'll tell you how to sue people who owe money online and how to sue in the face of missing identity information.
1, lawyer (365)APP
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2. Duoduo Legal Consultation APP
Duoduo Legal Consultation APP is an APP that provides legal consultation for users. Users can consult professional lawyers about their legal disputes here. The lawyers in the platform are all professional lawyers.
Duoduo Legal Consultation APP is also a platform for online prosecution of divorce, and it is also a lawyer's online prosecution. As well as providing other legal services, domestic violence, alimony, custody disputes, one party cheating.
Marriage recovery, divorce property, premarital property, bride price disputes, divorce agreement, divorce complaint, loan arrears, partnership/cooperation, labor law lawyers, industrial injury compensation, criminal offences, tort rights protection, and company consultants.
3. The lawyer refers to the APP.
Lawyer fingering APP is an online legal service platform for legal demanders and lawyers in the same city, which can be consulted, answered and entrusted anytime and anywhere. Through the APP, legal demanders can search local law firms and lawyers, send their legal questions to multiple lawyers at the same time, and choose their own lawyers for consultation and entrustment, saving time, money and effort.
Unable to obtain the information of the prosecution. 1. How can I sue a civil dispute if I don't know the other party's ID number?
If you don't know the other party's ID number, you can also bring a lawsuit to the court. The defendant's identity card is not required for prosecution, and there is no law requiring the plaintiff to provide the defendant's citizenship number. Just write a complaint and bring a lawsuit to the people's court where the defendant lives.
Second, what is the process of filing a civil lawsuit?
1. Prepare civil litigation.
2, to the people's court with jurisdiction, and submit relevant evidence.
3. Attend and participate in litigation activities on time according to the notice of the people's court.
4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal. "
Third, how to write a civil complaint?
1, prefix Generally write "civil complaint" or "civil complaint".
2. List the litigants. Plaintiff and defendant are the basic litigation subjects. If there is a third person, the third person shall be listed.
If the object of litigation is a natural person, it shall be stated in the order of "name, sex, nationality, date of birth, occupation, address and contact information". Among them, name, gender, date of birth (I really don't know if I can write an approximate age), address and contact information are required.
The name, legal representative, address (residence) and contact information of the unit should be stated, and it is best to attach a copy of its business license.
3. Litigation request. Litigation requests shall be separated by serial numbers, and each item shall be written in the format of "Request for a decree according to law-". In addition, some courts now require that the complaint should also specify the cause of action. But the cause of action is not an essential part.
4. Facts and reasons. That is, first state the facts (such as infringement), and then explain the reasons for claiming compensation (the provisions of substantive law) and the reasons for bringing a lawsuit (the provisions of procedural law). In practice, for the sake of simplicity, some simple cases can be written as "taking responsibility according to law" and "bringing a lawsuit to your hospital according to law" without giving detailed reasons.
5. At the end of the article. At the end of the article, it is necessary to write clearly the court that submitted the complaint and the time when the pledgee (plaintiff) sued. At least one of the complaints submitted to the people's court must be the original signature (seal, fingerprint) of the holder.
It can be seen that not knowing the defendant's ID number does not affect the plaintiff's prosecution. In general, it is impossible for the plaintiff to know nothing about the defendant's information. If he knows nothing about the defendant's information, he can't sue, because the law stipulates that the basic condition for prosecution is to have a clear defendant.