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How to withdraw the lawsuit after the debtor has paid back the money

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How to withdraw the lawsuit after the debtor has paid back the money


        

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  • 2024-06-17 05:00:51

    After the prosecution, the defendant shall return the money to the plaintiff, and the plaintiff may apply to the court for withdrawal of the lawsuit. Before the court makes a judgment, the plaintiff may apply to the court for withdrawal, and the court shall decide whether to approve the withdrawal. The plaintiff should apply to the court for withdrawal of the lawsuit, not the defendant himself. If the defendant has paid all the arrears, he may request the plaintiff to submit an application to the court for withdrawal of the lawsuit. The application for withdrawal should be submitted before the judgment of the court. If the court has already pronounced a judgment, the lawsuit cannot be withdrawn again. The defendant's behavior of paying arrears can be regarded as having consciously fulfilled the judgment. However, after the application for withdrawal is filed, the withdrawal can be successful only after the approval of the local court. In addition, when withdrawing the lawsuit, it must be clear whether he has settled all the loans, Then, who will bear the litigation costs paid when the lawsuit is filed? To clarify these matters can avoid disputes after the withdrawal of the lawsuit.

    Legal basis

    Article 148 of the Civil Procedure Law of the People's Republic of China, the people's court shall publicly pronounce judgments on all cases that are tried in public or not. If a judgment is pronounced in court, the written judgment shall be sent within ten days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced. When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal and the court of appeal. When a divorce judgment is pronounced, the parties must be informed that they may not marry again before the judgment becomes legally effective.

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