Only the mobile phone number and WeChat can sue. Many people will choose to borrow money from others when they are in financial difficulties, and they will pay back the borrowed money. If the person who does not pay back the money reaches a certain amount and can sue, then only the mobile phone number and WeChat can sue.
How can I sue 1 only with my mobile phone number and WeChat? Only WeChat and telephone can determine the clear defendant. It is necessary to entrust a lawyer to inquire about the basic information of the defendant through WeChat and telephone.
It mainly includes: name, gender, ID number, residential address, etc. Write a civil complaint after the inquiry, and then file a case in the people's court. After the case is filed, the court will assign it to the executive judge, and then hold a trial and wait for the final judgment.
Qualification of prosecution subject
Among the subject information of the original defendant, we only need to find out the subject information of the defendant, which mainly includes: name, gender, ID number, residential address, contact information, etc. Then to determine a clear defendant, you need to have the most basic name, residential address and contact information; Or name, ID number and contact information; The ultimate goal is to confirm that the defendant is unique.
Prosecution request
In the litigation request, if it is a private loan, the first litigation request is to confirm that the defendant has returned the plaintiff's loan of XXX yuan. If the interest is agreed, the defendant is required to return the loan interest as agreed. Interest is calculated from XX, XX and XXX to the actual return date, and temporarily to XX, XX and XXX. The last appeal is that the legal fees in this case shall be borne by the defendant.
Factual reasons for prosecution
Among the facts and reasons, it is mainly a description of the facts, that is, why did the defendant lend you money, when did he borrow it, whether he recovered it in the middle, and why it was not clearly described until now.
The specific process of prosecution
Step 1: Prepare a complaint, a copy of the plaintiff's ID card, a copy of the defendant's ID card (if any), a civil complaint, and a copy of relevant evidence for filing in a court with jurisdiction. After filing a case, you will receive a notice of case acceptance and payment information. If the payment is made within the specified time, the case will be successfully filed.
Step 2: The court appoints the presiding judge and determines the opening time.
The third step: the trial, the trial process is mainly to check the information of the parties, the plaintiff reads the complaint-the defendant's defense-the plaintiff's proof-the defendant's cross-examination-the judge summarizes the focus of the dispute-the original defendant's defense-the two sides' statements-adjourn the court.
Step 4: The court decides.
legal ground
code of civil law
Article 1 19 stipulates that prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Measures for payment of litigation fees
Article 29 stipulates that the litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.
Only the mobile phone number and WeChat can sue the other party for not paying back the money. Only the other party's name and mobile phone number can entrust a lawyer to investigate the other party's information, then write an indictment and go directly to court for prosecution.
Prosecution refers to the act that the parties bring a lawsuit to the people's court on a civil dispute and request the people's court to hear it in accordance with legal procedures. That is, ask the court to pass the trial and let the defendant bear some legal responsibilities and obligations. The prosecution must have a clear defendant, specific claims and factual basis, and must also fall within the jurisdiction of the court being sued.
The prosecution specifically includes:
1. Prosecution in the Civil Procedure Law refers to the litigation behavior that the subject of civil legal relationship requests the court for judicial protection in his own name because his own civil rights and interests have been infringed or there is a dispute with others.
2. Prosecution in criminal proceedings means that the state organs and citizens who have the right to sue bring a lawsuit to the court according to law, requesting the court to hear the contents of the accusation, so as to determine the criminal responsibility of the defendant and impose criminal sanctions according to law.
All kinds of cases tried by people's courts are based on the prosecution of public prosecution organs or parties. If there is no prosecution, the court will not take the initiative to hear any case. If the court accepts the prosecution and agrees to hold a trial, it is called acceptance. The establishment of the prosecution marks the beginning of the litigation trial procedure.
Article 15 of the Civil Procedure Law of People's Republic of China (PRC)
Organs, social organizations, enterprises and institutions can support the injured units or individuals to bring a lawsuit to the people's court for acts that harm the civil rights and interests of the state, the collective or the individual.
Article 54 If the subject matter of litigation belongs to the same category and there are a large number of parties, the people's court may issue a public announcement explaining the case and the claim, and notify the obligee to register with the people's court within a certain period of time.
The obligee registered in the people's court may elect a representative to conduct litigation; If there is no elected representative, the people's court may appoint a representative with the right holder who participates in the registration.
The litigation behavior of a representative is valid for the party he represents, but the representative must obtain the consent of the principal if he changes, gives up or acknowledges the litigation request of the other party and makes a settlement.
The judgment and ruling made by the people's court shall be effective for all the right holders who participate in the registration. If the obligee who has not participated in the registration brings a lawsuit during the limitation period, the judgment or ruling shall apply.
How to sue only the mobile phone number and WeChat 3? I don't know how to sue the other party's ID number in civil disputes.
If you don't know the other party's ID number, you can also bring a lawsuit to the court. The defendant's identity card is not required for prosecution, and there is no law requiring the plaintiff to provide the defendant's citizenship number. Just write a complaint and bring a lawsuit to the people's court where the defendant lives.
Second, what is the process of filing a civil lawsuit?
1. Prepare civil litigation.
2, to the people's court with jurisdiction, and submit relevant evidence.
3. Attend and participate in litigation activities on time according to the notice of the people's court.
4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal. "
Third, how to write a civil complaint?
1, prefix Generally write "civil complaint" or "civil complaint".
2. List the litigants. Plaintiff and defendant are the basic litigation subjects. If there is a third person, the third person shall be listed.
If the object of litigation is a natural person, it shall be stated in the order of "name, sex, nationality, date of birth, occupation, address and contact information". Among them, name, gender, date of birth (I really don't know if I can write an approximate age), address and contact information are required.
The name, legal representative, address (residence) and contact information of the unit should be stated, and it is best to attach a copy of its business license.
3. Litigation request. Litigation requests shall be separated by serial numbers, and each item shall be written in the format of "Request for a decree according to law-". In addition, some courts now require that the complaint should also specify the cause of action. But the cause of action is not an essential part.
4. Facts and reasons. That is, first state the facts (such as infringement), and then explain the reasons for claiming compensation (the provisions of substantive law) and the reasons for bringing a lawsuit (the provisions of procedural law). In practice, for the sake of simplicity, some simple cases can be written as "taking responsibility according to law" and "bringing a lawsuit to your hospital according to law" without giving detailed reasons.
5. At the end of the article. At the end of the article, it is necessary to write clearly the court that submitted the complaint and the time when the pledgee (plaintiff) sued. At least one of the complaints submitted to the people's court must be the original signature (seal, fingerprint) of the holder.
It can be seen that not knowing the defendant's ID number does not affect the plaintiff's prosecution. In general, it is impossible for the plaintiff to know nothing about the defendant's information. If he knows nothing about the defendant's information, he can't sue, because the law stipulates that the basic condition for prosecution is to have a clear defendant.