Legal analysis
In the absence of any IOUs, the court will generally not file a case. To write an indictment, there must be facts and reasons, and there must be evidence before the court files a case. Evidence can be collected: at that time, money orders were collected, and in the process of talking with him by legal means, the money he said to lend was recorded as evidence. Prosecution refers to the litigation behavior that citizens, legal persons or other organizations bring a lawsuit to the people's court because of the division or dispute of their civil rights and interests, and request the people's court to exercise the national judicial power to protect them. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case. Simply put, the property rights or personal rights or other rights and interests of citizens, legal persons or other organizations are directly infringed by others or there is a dispute with them about the ownership of rights and obligations. The case sued by the plaintiff should be within the scope of civil litigation accepted by the people's court, that is, it should be under the jurisdiction of the people's court, which has the right to hear the case according to law. Disputes that should be handled by administrative organs or enterprises are not under the jurisdiction of the people's courts.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 119 A 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.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted 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.