The amount of private money owed is documented. In life, many people borrow money because of difficulties, but many times refuse to repay in time, so many people just like to use legal means to protect their rights and interests. Then, how much private money is owed to file a case?
How much does a private person owe? 1? 1. How much can a private borrower sue?
In the Rieter University Bender case, the amount of private borrowing was not specified.
Article 119 of the Civil Procedure Law
A lawsuit must meet the following conditions: the plaintiff is a citizen, legal person and organization that has a direct interest in the case; there is a clear defendant; there is a specific Request, facts and reasons;
2. It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court. It is not difficult to understand that if someone borrows money and does not repay it, it is a civil dispute. No matter how much the other party owes, you can sue, and there is no limit on the amount, as long as the statute of limitations does not exceed (the general statute of limitations is three years).
? 2. What happens if the plaintiff is not present on the day of trial?
If you fail to appear without justifiable reasons, the case may be deemed to have been withdrawn. Puncture code
1, may be deemed withdrawn without justifiable reasons.
2. Article 144 of the "Civil Procedure Law" stipulates that if the defendant refuses to appear in court without justifiable reasons after being summoned by subpoena, or leaves the court midway without the permission of the court, a default judgment may be made. First, if the defendant fails to appear in court, the court can issue a judgment in default.
However, requests for double room rate compensation are usually not supported because the amount is too high, and the court can appropriately award a portion of the liquidated damages.
Second, the defendant’s failure to appear in court is not conducive to safeguarding the rights and interests of the defendant. If the defendant is unable to appear in court, he may also entrust an attorney to appear in court. If the defendant does not appear in court, a judgment will be made in accordance with the law and a public notice will be served, which can be enforced. However, since A is out of town, the defendant can apply to the court to postpone the trial.
? 3. How long does it take for the trial to begin after the prosecution is filed?
Depending on the circumstances, the hearing is usually held within one month.
1, divided into three situations. The first is criminal cases, criminal cases. After the court receives a criminal case transferred from the People's Procuratorate to the court, it usually conducts a summary procedure trial within one month. Ordinary procedure. The trial will be held in just over a month.
2. The second situation is a civil case. After a civil case court accepts a case, it is generally divided into summary procedure and ordinary procedure. Summary procedures usually take place within a month. If it is an ordinary procedure case, the hearing will be held within two months if it is not announced. If you want to send a notice to serve a copy of the indictment and summons, it usually takes more than three months, and the court session takes between four months. The third case is an administrative case. After receiving the lawsuit, the court in administrative litigation cases usually holds a hearing within more than a month.
There are no specific rules for filing amounts owed. After the lawsuit is filed, the court will be held within one month. According to legal provisions, the case should be concluded within six months from the date of filing. If there are special circumstances, a six-month extension may be considered. If an extension is required, it must be reported to the superior people's court for approval. May be extended if permitted.
How much does a private person owe? First, how much money you owe can be filed.
Whether the People’s Court files a case has nothing to do with the amount of debt owed. The conditions for the People's Court to file a case include: the plaintiff has a direct interest in the case, there is a clear defendant, and there are specific litigation claims and facts.
? A lawsuit must meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are 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 People’s Court being sued.
? Form of Prosecution
For prosecution, 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 submitted orally, and the people's court will record it and inform the other party.
? 2. What are the conditions for applying for a payment order during debt collection?
In real life, many creditors only know how to sue when debt collection fails, but they do not know that there is a shortcut to debt collection, which is to apply for a payment order using the supervision procedures stipulated in the Civil Procedure Law. Although applying for a payment order has the advantage of realizing the creditor's rights as quickly as possible, it must meet statutory conditions, otherwise the court will not accept it. The conditions for applying for a payment order include:
1. The payment request must be currency or a money order, cashier's check, check, and securities such as stocks, bonds, treasury bills, and negotiable bank deposit certificates.
2. The currency or security required to be paid must have expired or expired, and its amount must be determined.
3. The debtor has the obligation to pay, and there are no other debt disputes between the creditor and the debtor.
4. The payment order can be served on the debtor.
5. An application must be made to the basic people's court where the debtor is located.
6. A written application must be submitted, stating the following: the basic information of both parties; the amount of the claim and the facts and evidence on which it is based, especially the credit certificate that can prove the existence of the claimed claim; application The purpose is to demonstrate a willingness to request the court to issue a payment order in accordance with the supervisory process.
7. The claimed claim does not exceed the three-year statute of limitations for legal protection.
A case will be filed as much as a private person owes him, but he will not repay as much as he owes. No matter how much you owe, you can entrust a lawyer to sue and handle it, no matter how much you owe.
According to Article 313 of the "Criminal Law", if the perpetrator is clearly capable of executing the court's effective judgment or ruling, but refuses to execute it or intentionally fails to execute it, it constitutes the crime of refusing to execute the judgment or ruling. When a creditor applies to enforce the debtor's property, the court will inquire about the debtor's property, vehicles, deposits and other properties in accordance with the law after accepting the application.
If the debtor deliberately conceals or transfers property or hinders the work of the person subject to execution in order to not repay the money, it may constitute the crime of refusing to execute the judgment or ruling, and may face the penalty of judicial detention. At the same time, bad information such as late repayment will appear in his credit record, which means that he has been blacklisted.
? Things to note in the General Principles of Civil Law
Article 84 of the General Principles of Civil Law: Debt is a specific relationship of rights and obligations between the parties based on a contract or law. A creditor is a creditor and a debtor is a debtor. The creditor has the right to require the debtor to perform its obligations in accordance with the contract or legal provisions.
Article 85 A contract is an agreement to establish, change, or terminate a civil relationship between the parties. Contracts established in accordance with the law are protected by law. The parties to the contract shall fully perform their obligations under the contract.