The general procedure of prosecution is as follows:
Write an indictment;
Bring evidence and indictment to the court to file a case and pay legal fees;
The court will hold a hearing after reviewing and accepting it;
Court decision;
Execute the judgment.
What can be done to make the lawsuit more secure?
IOU (I owe you)
Generally speaking, the most powerful evidence of debt collection is the IOU, which is written by the borrower and signed by the other party. As documentary evidence, it is extremely effective.
Living witness
In the trial of a case, the other party may cross-examine his own evidence. In order to ensure sufficient and foolproof evidence, it is essential to find witnesses. If there are other witnesses when borrowing money, you can find these people to prove your creditor's rights.
Evidence of the other party's property
The ultimate goal of litigation is to get the lent money, but many people will transfer their property elsewhere in order to avoid debt. According to Article 74 of the Contract Law (1), the debtor's behavior that the creditor can revoke is the behavior of giving up the due creditor's rights; The second is the act of transferring property without compensation; The third is the act of transferring property at an obviously unreasonable low price. In order to avoid the situation that the property cannot be retrieved, it is necessary to collect the evidence of the other party's transfer of property before exercising the right of revocation.
If the prosecution is successful, the other party still fails to pay back the money:
The plaintiff may apply to the court for compulsory execution, and may inquire, freeze or transfer the deposit of the person subjected to execution; Take compulsory measures such as seizure, auction and sale of the property of the person subjected to execution.
If the above measures are still unable to pay off, the creditor may request the people's court for compulsory execution at any time if he finds that the person subjected to execution has other property.
Article 236 of the Civil Procedure Law: The parties must perform legally effective civil judgments and orders. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.
Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
If others owe money and don't pay it back, how to sue in court and how much to sue, they should submit a complaint to the people's court and submit a copy according to the number of defendants; The court shall execute the litigation expenses in accordance with the provisions.
People's Republic of China (PRC) Civil Procedure Law
Section 1 Prosecution and Acceptance
Article 119 A 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.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 121 A complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the defendant's name, gender, work unit and domicile, and information such as the name and domicile of a legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
How long does it take for a friend to sue in changji city People's Court for owing money? The court shall serve a copy of the indictment on the defendant within 5 days from the date of filing the case.
1. If a friend owes money and does not bring a lawsuit to the court, the court will arrange mediation first;
2 unwilling to mediate, in line with the conditions of prosecution, shall be filed within seven days, and notify the parties;
3. The court will send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt;
4. Legal basis:
1) Civil Procedure Law (amended on 20 12) Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.
2) Article 123 of the Civil Procedure Law (amended by 20 12) The people's court shall protect the litigation rights of the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
3) Civil Procedure Law (revised 20 12) Article 125 The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
If the defendant fails to submit the defense, it will not affect the trial of the people's court.
If others owe money and don't pay it back, is it better for the court to sue or let the debt collection company? Hello, I suggest you go through formal legal procedures. Debt collection companies are risky, so I suggest you handle them with caution.
I have a friend whose way of collecting debts is to harass each other with "the cloud calls you to death" first! Then explain the situation! I think the success rate is quite high! I hope it works for you!
You can go to court first. If you win the lawsuit, or if you don't pay it back, you can find a debt collection company. That's what I do.
There are still more than five years before others owe money. If they go to court to sue, they will not pay back the money after the prosecution period. First of all, it depends on whether it is the repayment date; Secondly, if the repayment date is reached, it depends on whether the two-year statute of limitations has passed.
If the negotiation with the other party fails on the repayment date, you can bring a lawsuit or recover from the court in time, and you can apply for compulsory execution after the court makes a judgment. On the one hand, it is to protect one's rights and interests, and on the other hand, it is to avoid the two-year limitation.
How much is the prosecution fee owed 5000 yuan? Will you win? Sue 50 yuan for the legal fee of RMB 5,000.
Payment standard of legal fees
Thirteenth case acceptance fees shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
Others owe me money and IOUs, but the court won the case. But if she refuses to pay back the money, can she force the child? No, enforcement can only be directed at him, and the court can investigate his criminal responsibility for refusing to perform the court's judgment.