In view of the fact that the subject matter involved in the lawsuit is not large, we can find a model lawsuit on the Internet and ask the judge for advice.
1, write an indictment and prepare evidence materials;
2. Submit the indictment and evidence to the court;
3. Pay legal fees as required;
4. Consult legal professionals.
Extended data:
Meeting minutes:
1. The plaintiff shall have civil capacity.
According to the General Principles of Civil Law,/kloc-citizens over 0/8 years old are adults with full capacity for civil conduct; /kloc-citizens over 0/6 years of age/kloc-citizens under 0/8 years of age whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct and have the right to bring a lawsuit in their own name. If a minor or mental patient is a person with no capacity or limited capacity, his legal guardian shall act as a legal agent to bring a lawsuit on his behalf.
2. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case.
A consumer who brings a lawsuit must be a consumer or other victim whose legitimate rights and interests have been infringed upon in purchasing or using goods or receiving services.
3. There is a clear defendant.
According to Article 35 of the Consumer Protection Law, consumers can take sellers or service providers as defendants when their legitimate rights and interests are infringed. Consumers who cause personal or property damage due to commodity defects may take the seller or producer as the defendant. The law gives consumers the right to sue producers and sellers, and consumers choose the object that is most convenient for them to sue, the most capable of fulfilling the judgment and the easiest to find as the defendant.
4. There are clear claims and factual basis.
That is, specifically put forward the fact that the operator violates the contract and infringes, the damage caused to himself, and the civil liability that the operator should bear.
5, to the people's court with jurisdiction.
It can include the following aspects:
(1) In general civil cases, civil actions brought against legal persons or other organizations shall be under the jurisdiction of the people's court where the legal person is domiciled; If several defendants in the same lawsuit have their domicile or habitual residence in two or more people's courts, they may bring a lawsuit in one of the people's courts.
(2) Infringement shall be prosecuted in the court where the infringement occurred or where the defendant is located. The people's courts in the places where the products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.
(3) Litigation rights in railway, highway, water, air transportation and combined transportation shall be brought to the court where the transportation originated, destination or defendant is located. Litigation for damages caused by railway, highway, water and aviation accidents shall be brought to the court in the place where the accident occurred, the place where vehicles and ships first arrived, the place where aircraft first landed or the defendant's domicile.
(4) Article 33 of the Civil Procedure Law stipulates that a lawsuit against real estate shall be filed with the court where the real estate is located.
Baidu encyclopedia: civil litigation