Legal subjectivity: The difference between reporting the loss and stopping payment is that when the obligee loses the payment voucher, it informs the payer to stop payment. Public summons means that the last holder of negotiable instruments (bills of exchange, promissory notes and checks) and other securities (registered stocks and bills of lading) applies to an unknown interested party to declare his rights when he encounters legal reasons such as theft, loss or loss. If he fails to declare for more than 6 days or the declaration is invalid, the rights of the instruments will be returned to the holder. The procedure of public notice to stop payment and report the loss refers to the procedure that the people's court informs and urges unclear interested parties to declare their rights in a certain period of time according to the application of the applicant. If no one declares his rights at the expiration date, he shall make a judgment on the termination of his rights according to the application of the applicant. In essence, the public notice procedure is a non-litigation procedure. The application of this procedure can not solve the disputes arising from the relationship between civil rights and obligations, but can only confirm the fact that the applicant applied for publicity and no one declared his rights within a certain period of time. In the process of publicity, the applicant can't know, let alone whether there are interested parties and who they are. Therefore, there is no clear defendant or respondent in the case of public notice. Once the interested parties are determined, the public notice procedure must be terminated because it has lost its foundation of existence. The applicant may bring a civil lawsuit to the people's court to resolve the dispute through litigation procedures. According to the provisions of the Negotiable Instruments Law, after a bill is lost, the loser promptly notifies the drawee of the bill, and the drawee who receives the notice suspends the payment of the bill within the statutory time limit. This system is a relief measure for the bill holder after the bill is lost, in order to prevent the loss to the bill holder. It is of great significance to protect the rights of bill holders. It is an important system in China's financial legal system. Bian Xiao reminds you that you can stop paying cash checks if they are not withdrawn. If you check the video of the withdrawal bank and call the police in time, that is the difference between the two. The above is the relevant information summarized for you. I hope I can help you. This website is dedicated to building an excellent legal consultation platform. If in doubt, please consult a lawyer.
Legal objectivity:
Article 218 of the Civil Procedure Law of People's Republic of China (PRC) * * * A bill holder who can endorse according to the regulations may apply to the basic people's court of the place where the bill is paid for public notice because the bill is stolen, lost or destroyed. Other matters that can be applied for publicity according to law shall be governed by the provisions of this chapter. The applicant shall apply to the people's court, stating the main contents of the bill, such as the face value, drawer, holder and endorser, as well as the reasons and facts of the application. Article 219th of the Civil Procedure Law of People's Republic of China (PRC), when the people's court decides to accept the application, it shall notify the payer to stop the payment at the same time, and issue an announcement within three days to urge the interested parties to declare their rights. The time limit for public summons shall be decided by the people's court according to the circumstances, but it shall not be less than 6 days. If Article 222 of the Civil Procedure Law of People's Republic of China (PRC) has not been declared, the people's court shall, upon the application of the applicant, make a judgment and declare the bill invalid. The judgment shall be announced and notified to the payer. The applicant has the right to demand payment from the payer from the date when the judgment is announced.