Legal analysis
If the payment is overdue, you can negotiate with the debtor first. If negotiation fails, the parties may appeal to the court and ask the other party to fulfill the repayment obligation. If the payment is still overdue, they can claim interest. According to the relevant laws and regulations, if the default payment is not prosecuted, the parties shall file a public prosecution with the people's court with jurisdiction, stating the basic situation of both parties; The plaintiff submits materials to the court, and the parties submit documentary evidence to the court; In case of entrusting others to take action, submit 1 copies of the power of attorney with clear authorization and the identity card of the trustee, and provide the original for inspection. If a lawyer is entrusted to represent the lawsuit, a clear power of attorney and the certificate, letter and lawyer's certificate of the entrusted law firm shall be submitted. If the defendant is the unit, provide the basic industrial and commercial information of the defendant; The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the acceptance notice; After the case is filed, the case will be arranged for the court to hear.
legal ground
Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
People's Republic of China (PRC) Civil Procedure Law
Article 8 Parties to a civil lawsuit have equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws.
(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.
Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.