1, write an indictment;
2. Take the evidence and the indictment to the court to file a case and pay the legal fees;
3. The court will hold a hearing after examining and confirming the acceptance;
4. Court decision;
5. Execute the judgment.
The premise of litigation is to clarify the name and identity information of the defendant. At present, WeChat does not necessarily need real-name verification and registration. It needs to prepare evidence materials, such as WeChat transfer records, WeChat chat records of the other party asking for money and asking for money back, the other party's real name, and it is best to provide the other party's ID number and phone number. The more detailed, the better. Therefore, in the WeChat circle of friends, there are indeed some friends whose identity information is not exact. In this case, it will take some trouble.
If the other party has registered a mobile phone number, you can try to find their identity information through the mobile phone number;
If you still can't determine the identity information of the other party, you can try to communicate with the WeChat backstage and ask the staff for help.
If WeChat borrows money and doesn't pay it back, it should ask the other party to pay back the money as soon as possible instead of reporting it. If the other party still refuses to pay back the money after being urged, it shall prepare relevant evidence to bring a lawsuit to the court. If the court decides the other party to pay back the money, but the other party refuses to execute it, it may apply for compulsory execution. If the other party has the ability to execute the judgment but refuses to execute it, it constitutes a crime and shall bear criminal responsibility according to law.
: I don't pay back the money. I only have WeChat chat records. Can I sue?
There is little chance of winning by chatting records alone. If there is a transfer record or other evidence that the money has been paid, the chances of winning will be much greater. If you judge, it will take about 3 months. Bring a lawsuit to the local court. The parties may defend their rights by filing a civil lawsuit and request the court to order the other party to bear the corresponding payment responsibility.
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 122 If another person obtains improper benefits without legal basis, the person who has suffered losses has the right to demand that he return the improper benefits. Article 985 When the beneficiary obtains improper benefits without legal basis, the aggrieved person may request the beneficiary to return the benefits obtained, except in any of the following circumstances:
(1) Remuneration for performing moral obligations;
(2) Liquidation before the maturity of debts;
(three) knowing that there is no obligation to pay. Article 986 Where the beneficiary did not know and should not have known that the obtained interest had no legal basis and the obtained interest no longer existed, he was not obliged to return the interest. Article 987 Where the beneficiary knows or should know that the benefits obtained have no legal basis, the person who has suffered losses may request the beneficiary to return the benefits obtained and compensate the losses according to law. Article 988 Where the beneficiary transfers the benefits obtained to a third person free of charge, the person who suffers losses may request the third person to undertake the obligation of return within the corresponding scope.