According to the Civil Procedure Law of People's Republic of China (PRC), the provisions are as follows:
1, Article 2 14? Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
2. Article 2 15? After the creditor files an application, the people's court shall notify the creditor whether to accept it within five days.
3. Article 2 16? After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court.
If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
Extended data
1. If the arrears are not returned for prosecution, the following materials shall generally be submitted:
(1) One original indictment, with copies submitted according to the number of defendants;
(2) Qualification certificates of the parties (including plaintiff, defendant, third party, etc.). );
(3) evidence that the court has jurisdiction;
(4) Other evidence.
2, private lending disputes need to submit evidence:
(1) Loan agreement or IOU;
(two) the loan relationship has a guarantor, and provide a guarantee certificate;
(3) proof of payment and receipt of both borrowers and borrowers;
(4) Proof of the purpose of the debtor's loan;
(5) Proof that the debtor should pay interest;
(6) If there is no interest agreement, the creditor requires the debtor to pay the overdue interest, or the interest-free loan on an irregular basis has not been repaid after being urged, and the creditor requires the interest to be paid after being urged, there shall be evidence that it has not been repaid due or after being urged;
(7) If the debtor's whereabouts are unknown, there should be relevant evidence to prove the authenticity of the creditor's rights certificate and pay off the debt;
(8) Payment and interest payment vouchers.
China Municipal Government Legal Information Network-People's Republic of China (PRC) Civil Procedure Law
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