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Pledge contract disputes are common problems in legal cases. After the contract is signed, the debtor will perform the debt as agreed. However, in many cases, there is a problem that both parties can't solve the dispute through consultation. The parties may bring a lawsuit according to law. What is the format of the complaint of pledge contract dispute? Just look below.
Pledge contract dispute complaint
Plaintiff: Address: Person in Charge: Position:
Defendant 1:B Company Address: Legal Representative:
Defendant 2: C Natural person Han nationality ID number: Address: Tel:
Defendant 3: D Natural Person Han Nationality ID Number: Address:
(a) claims:
1. ordered the defendant to repay the principal of the loan and the interest on the arrears to the plaintiff immediately. }
2. Defendant I was ordered to bear legal fees of RMB ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
4. The plaintiff was awarded the priority of compensation for the pledge provided by the defendant, namely the Khmer acid board located in the leased warehouse.
5. Defendant I shall bear the litigation costs.
(2) Facts and reasons:
On ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
In order to ensure that Defendant I can repay the loan in accordance with the loan contract, Defendant provided the plaintiff with Khmer rosewood with the value of ××× tons as pledge guarantee.
In addition, Defendant II, Defendant III and the plaintiff signed an agreement on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
After signing the above contracts and agreements, the plaintiff issued a loan of RMB ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× f 6527 \\ f 6527 \\ f 6527 \\ f 6527 \\ f 6527 \\ f 6527 \\ f 6527 \\\\\\ f 6555247;
Article 206 of People's Republic of China (PRC) Contract Law stipulates that the borrower shall repay the loan within the agreed time limit.
Article 208th of People's Republic of China (PRC) Property Law stipulates that in order to guarantee the performance of debts, if the debtor or a third party transfers his chattel to the creditor for possession, and if the debtor fails to perform the due debts or realize the pledge according to the agreement of the parties, the creditor has the right to be paid in priority for the chattel; Article 176 stipulates that if the secured creditor's rights are secured by both things and others, if the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's rights in accordance with the agreement.
Article 18 of the Guarantee Law of People's Republic of China (PRC) stipulates that if the debtor of joint and several liability guarantees fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee. According to the above legal provisions and the agreement of the parties, the defendant 1 should repay the loan to the plaintiff; The plaintiff has the priority to be compensated for the pledged property; Defendant II and Defendant III are jointly and severally liable for debts.
In order to safeguard the legitimate rights and interests of the plaintiff, according to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC), we hereby file a lawsuit in your hospital, requesting your hospital to hear the case according to law and support the plaintiff's claim.
Bring a lawsuit to the people's court of ×××
Xx bank
* * * * Year * * Month * * Day
The above is the model complaint of pledge contract dispute introduced by Bian Xiao, and you can refer to it if necessary. Like other complaints, the first thing is to state the basic information of the defendant and the plaintiff, file a lawsuit, and then list the facts and reasons. The contract will involve the relevant provisions of the contract law and the property law, and it needs to be stated in the lawsuit. For more related questions, please consult Taiyuan lawyer.