Zichuan district lawyer
Shushan district lawyer
Youjiang district lawyer
Lawyer in Anju area
Lindian county lawyer
Guzhang county lawyer
In the field of private lending, there are many cases of debt disputes. Some people will be sued by creditors, and the court will inform them of the time and place to appear in court after accepting the case. For those who have not invited an agent, they must appear in court by themselves and submit a defense of the debt dispute to the court, explaining the reasons. So how to write the defense of civil creditor's rights and debts? Let's have a brief understanding through a model essay.
Civil creditor's rights and debts defense
Respondents:
xx
Defendant: xxx
Content of defense: the respondent disagrees with all the claims of the respondent.
Facts and reasons:
The defendant's subject is wrong in the complaint filed by the respondent. The respondent and the respondent do not know each other, and there is no legal relationship between them, let alone a legal loan relationship. The respondent has never borrowed money from the respondent, and is not a repayment obligor. The respondent does not know whether there is a loan relationship between the respondent and others. Even if there is a legal and valid loan relationship between the respondent and others, there should be a real borrower to fulfill the repayment obligation.
Suppose the loan was borrowed by the defendant's husband. First of all, the respondent did not know that her husband borrowed money from outsiders, but in fact the money was transferred to xxx account on the same day. Therefore, the loan is not used for the common life of marriage and family, and it is clearly stipulated in the investment agreement that xxxx will bear the debt, that is, xxxx's personal debt. There is no agreement between the respondent and xxxx to jointly borrow money, and xxxx has not used the money for the husband and wife to live together. According to the relevant provisions of the current marriage law, the debt does not belong to the husband and wife, and the respondent has no obligation to repay the debt that does not belong to the husband and wife, that is, the respondent is not the repayment obligor of the loan relationship, and the respondent cannot claim from the respondent.
At the same time, the house that the respondent applied for preservation belongs to the respondent's personal property, and if the respondent is wrong in preservation, it shall compensate the respondent for its losses according to law.
To sum up, it is a subjective mistake for the respondent to file a private lending lawsuit against the respondent. Therefore, the respondent disagrees with all the claims of the respondent and requests the court to reject all the claims of the respondent according to law on the basis of finding out the facts of the case.
I am here to convey
Xx District People's Court of Tianjin
Defendant: xx
20 13
moon
sun
To sum up, defense is an important link in the trial of civil cases. Where a debt dispute is involved, the defendant shall submit a defense of civil creditor's rights and debts to the court, stating the basic situation of the respondent and the reasons for defense, stating the facts and reasons, refuting the plaintiff's claim, and proving it through relevant evidential materials. If you don't have enough legal knowledge in this field, you can entrust a lawyer to represent you.
Extended reading:
How to write the defense, what is the format and content of the defense?
Model essay on defense of medical malpractice appraisal
Demonstration paper on defense of divorce agreement