What do you need to go to court to sue? Do I have to hire a lawyer?

You just need to prepare a complaint and go to court. At present, laws and regulations do not explicitly require you to hire a lawyer. You can sue yourself. If it is really difficult to write a complaint, you can file an oral lawsuit. The people's court will record the oral statement of the plaintiff and inform the other party.

If it is a case within the scope of legal aid stipulated by law, you can also apply for legal aid, and a special lawyer will represent the case for you free of charge.

According to Chapter 11 of Part II of the Civil Procedure Law of People's Republic of China (PRC):

Article 120 stipulates that a prosecution shall submit a complaint to the people's court and submit copies according to the number of defendants; If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 121 A complaint shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.

Extended data

Preparation before trial:

According to Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt.

The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.

If the defendant fails to submit the defense, it will not affect the trial of the people's court.

Article 126 The people's court shall inform the parties concerned of their litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.

Article 127 After the people's court accepts a case, if the parties have objections to the jurisdiction, they shall raise them during the submission of the defense. The people's court shall examine the objections raised by the parties. If the objection is established, it shall be ordered to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling shall be rejected.

If the parties fail to raise any objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the people's court against whom the lawsuit is filed has jurisdiction, except those that violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.

Article 128 After the members of the collegial panel are determined, the parties concerned shall be notified within three days.

Article 129 A judge must carefully examine the litigation materials and investigate and collect necessary evidence.

Article 130 When sending personnel to investigate, the people's court shall show their certificates to the person under investigation.

After the investigation record is reviewed by the respondent, it shall be signed or sealed by the respondent and the investigator.

Article 131 When necessary, the people's court may entrust a foreign people's court to conduct an investigation.

The entrusted investigation must put forward clear items and requirements. The entrusted people's court may take the initiative to supplement the investigation.

The entrusted people's court shall complete the investigation within 30 days from the date of receiving the power of attorney. If it cannot be completed for some reason, it shall notify the entrusted people's court by letter within the above-mentioned time limit.

Article 132 If a party who must join a joint lawsuit fails to participate in the lawsuit, the people's court shall notify him to participate in the lawsuit.

Article 133 Cases accepted by the people's courts shall be handled separately according to the circumstances:

(a) if the parties are not in dispute and meet the requirements of the supervision procedure, they may be transferred to the supervision procedure;

(2) If mediation can be conducted before the court session, it shall be settled through mediation in time;

(three) according to the circumstances of the case, determine whether to apply summary procedure or ordinary procedure;

(4) If a court session is needed, the focus of the dispute should be clarified by asking the parties to exchange evidence.

Baidu Encyclopedia-People's Republic of China (PRC) Civil Procedure Law