It is recommended to file a lawsuit with the people's court where the debtor's account is located with an IOU. In order to ensure that the creditor's rights can be recovered in time after the judgment is won, you can also apply for property preservation. Civil litigation has the following steps:
1. Prepare for civil litigation. State the name, gender, age, ethnicity, occupation, work unit and residence of the parties, the name and residence of the legal person or other organization, the name and position of the legal representative or principal person in charge in the lawsuit;
Litigation claims and the facts and reasons on which they are based; evidence and sources of evidence.
2. File a lawsuit with the people's court with jurisdiction and submit relevant evidence. The defendant shall submit a statement of defense to the People's Court within 05 days after receiving a copy of the complaint. During the defense period, jurisdictional objections may be raised in accordance with the law.
3. According to the notice of the People's Court, attend and participate in litigation activities on time.
4. Anyone who is dissatisfied with the first-instance judgment or ruling shall appeal to the original People's Court or the People's Court at the next higher level and submit an appeal within 15 days after receiving the judgment or within 10 days after receiving the ruling.
5. If you are dissatisfied with a legally effective judgment or ruling, you may apply to the original People's Court or the People's Court at the next higher level for a retrial without suspending execution.
6. The parties may apply to the People's Court of First Instance for the execution of civil judgments and rulings that have taken legal effect.
Extended data:
If you do not repay your debt due to debt, you should pay attention to the following points.
1. Apply for pre-litigation property preservation.
According to the provisions of Article 100 of the Civil Procedure Law, due to the behavior of one party or other reasons, the people's court may make it difficult to execute the judgment or cause other damage to the party.
Based on the application of the other party, the people's court may order the preservation of its property, order it to perform certain acts, or prohibit it from performing certain acts; if the party does not apply, the people's court may also rule to take preservation measures when necessary.
Article 101 stipulates that if an interested party does not immediately apply for preservation due to emergency circumstances, its legitimate rights and interests will be irreparably damaged.
Before filing a lawsuit or applying for arbitration, you may apply for preservation measures to the place where the property is preserved, the place where the respondent is domiciled, or the people's court with jurisdiction. The applicant should provide a guarantee. If no security is provided, the application will be dismissed.
Second, pay attention to the length of the statute of limitations.
Article 135 of the "General Principles of Civil Law" stipulates: "The statute of limitations for petitioning the People's Court for protection of civil rights is two years, unless otherwise provided by law." This illustrates the general litigation of civil litigation in our country. The statute of limitations is two years.
3. Whether it is necessary to hire a lawyer as a litigation agent in civil litigation.
In fact, general civil litigation does not require hiring a lawyer. For some simple cases, if the facts are clear, the parties can sue, respond, and defend.
Fourth, the closing time of general civil litigation
Article 146 stipulates that when the People’s Court applies summary procedures to hear a case, it shall be within three months from the date of filing the case. Conclusion; Article 149 stipulates that cases tried by the People's Court applying ordinary procedures shall be concluded within six months from the date of filing the case.
If there are special circumstances that require an extension, it can be extended for six months with the approval of the president of this court; if an extension is needed, it should be reported to the superior people's court for approval.
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Baidu Encyclopedia-Civil Litigation