First, how to go to court in debt dispute cases? That is, litigation for debt disputes. Litigation is an important means to solve debt disputes, and the final judgment is enforceable. I believe that no one wants to go to court unless absolutely necessary, but if necessary, how should creditors go to court for debt disputes? Professional creditor's rights and debts lawyers will give you detailed answers. 1. Pre-litigation preparation should first confirm that the performance objection raised by the debtor has been resolved to avoid facing the debtor's relevant defense in court. Secondly, it is necessary to confirm that the debtor has sufficient assets to pay off the debt, otherwise even if a favorable judgment is obtained, it will not be executed. At the same time, with the assistance of lawyers, we should obtain sufficient evidence, including accurate information of the debtor. 2. Litigation preservation It is an important way to ensure that the judgment can be executed quickly by applying to the court for litigation preservation of the defendant's movable or immovable property. 3. Litigation costs The cost of legal proceedings mainly includes two parts: legal fees and attorney fees. Legal fees are paid to the court, and if the case is completely won, the defendant will bear it; If the case is lost, it shall be borne by the plaintiff; If each side wins or loses, it will be shared by both sides. Lawyer's fees are paid to lawyers. Attorney's fees are generally borne by us, but some cases can also be borne by the other party. 4. The difficulty in executing judgments is a common problem at present. Many judgments of the people's courts cannot be executed in time, and many judgments have even been shelved. The main reasons include insufficient enforcement, indifference of citizens and enterprises to court decisions, local protectionism, insufficient assets of debtors and debtors abroad. If the debtor refuses to pay despite the judgment of the court, the creditor may apply to the court for enforcement. In order to ensure the enforcement of the judgment, it is best for the creditor to know in advance where the debtor owns movable or immovable property. Second, how to prove a debt dispute case, the creditor should prove it from the following aspects: 1. Where a creditor applies for a payment order, it shall provide a loan contract, a loan certificate and relevant certificates of payment by both borrowers and lenders. 2. For borrowing money, the plaintiff shall provide a written receipt (loan amount, delivery place, time, loan purpose, return date and interest agreement); If there is no written receipt, the necessary factual basis shall be provided. 3. Whether the loan relationship is legal or not, the creditor shall provide proof of the debtor's loan purpose. 4. If the debtor's whereabouts are unknown, the creditor shall first provide proof of the whereabouts of the relevant departments and provide evidence to prove the existence of the loan relationship. 5. If the creditor requires the debtor to pay interest, it shall provide proof that both parties have agreed to pay interest; Where there is no interest agreement, the creditor requires the borrower to pay overdue interest, or the interest-free loan of an indefinite period has not been repaid after being urged, and the creditor requires to pay interest after being urged, it shall provide evidence that it has not been repaid at maturity or after being urged. 6. If there is a guarantor in the loan relationship, the plaintiff shall provide evidence of the guarantee, as well as the name and address of the guarantor. 7. If an individual borrows money in the name of a partnership organization, the creditor shall provide the factual basis for the individual to borrow money in the name of the partnership organization, and shall also provide evidence that the loan is used for partnership operation.
Legal objectivity:
In the process of debt dispute litigation, the limitation of action often occurs, such as the termination of creditor's rights due to force majeure or other obstacles in the last six months of the limitation of action; The limitation of action is interrupted by bringing a lawsuit or a party requesting or agreeing to perform an obligation. How to calculate the limitation of action? According to Article 139 of the General Principles of Civil Law of People's Republic of China (PRC): "In the last six months of the limitation of action, if the right of claim cannot be exercised due to force majeure or other obstacles, the limitation of action shall be suspended. From the date when the reasons for the suspension of the limitation of action are eliminated, the limitation of action will continue to be counted. " Article 140: "The limitation of action is interrupted by the institution of a lawsuit, the request of one party or the agreement to perform obligations. From the time of interruption, the limitation period is recalculated. " Except as otherwise provided by law. For example, when there is a loan dispute between one party (creditor) and the other party (debtor), the other party breaches the contract for various reasons. In the process, one party often makes demands on the other party. In the process of recovery, the other party issued a repayment guarantee. How should creditors go to court? First, the debtor first considers whether this debt relationship is legal. Second, calculate whether the time from the debt dispute to the prosecution is within 2 years. If so, normal litigation can be conducted; On the other hand, if it is more than 2 years, it is deemed to be beyond the limitation of action and is not protected by law. Third, we should consider whether the debtor's guarantee has exceeded six months. If it is within six months, the creditor's rights should be protected by law. In addition, what evidence should be provided to the court. With the improvement of the legal system, evidence has become the basis for deciding a case in a civil trial. Therefore, whether the parties can win a debt dispute lawsuit and provide effective evidence is becoming more and more important. According to the relevant provisions of the General Principles of the Civil Law of People's Republic of China (PRC) and the General Principles of the Civil Law of People's Republic of China (PRC), the parties concerned shall provide the following evidence when conducting debt dispute litigation. 1. In terms of written evidence, the parties should consider documentary evidence such as contracts, IOUs, notaries and invoices. According to Article 4 of "Several Opinions on People's Courts' Trial of Loan Cases" issued by the people's court: "When the people's court examines the prosecution of loan cases, it shall require the plaintiff to provide an iou according to Article 108 of the Civil Procedure Law; If there is no written receipt, the necessary factual basis shall be provided. Prosecutions and rulings that do not meet the above conditions will not be accepted. " In addition, if the evidence material is a copy, the provider refuses to provide the original or the original clue, and the other party refuses to admit it without other materials, it shall not be used as the basis for ascertaining the facts in the lawsuit. 2. As far as witness testimony is concerned, the parties must choose the witness testimony that has nothing to do with themselves as evidence, and ensure that the witness can testify in court, so as to facilitate the smooth trial of the court. The Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws stipulates that the confirmation of the loan relationship should generally be based on the written receipt. If there is no written promissory note, there must be witnesses who have no interest. It can be seen that the evidence effectiveness of witnesses is also the key to whether the parties can win the case. 3, the parties should also pay attention to whether the debt dispute case involves the technical appraisal conclusion, notarization and registration documents of the relevant departments. These evidences are highly probative and should also be provided to the court. It can be seen that the parties bear the burden of proof in litigation, and how to use evidence to win the lawsuit is the key to the litigation of the parties. If the parties cannot provide valid evidence to the court, they can only bear the consequences of prosecution. Therefore, providing effective evidence to the court is the key to win the lawsuit.