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Where should I sue when the debtor is in a different place

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Where should I sue when the debtor is in a different place


        

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  • 2024-06-18 17:00:00

    According to the Civil Procedure Law, civil actions brought by citizens should be under the jurisdiction of the people's court where the defendant is located. If the defendant's residence is always inconsistent, it should be under the jurisdiction of the court in his permanent residence. Therefore, if the creditor wants to file a lawsuit against the debtor, it needs to file a lawsuit in the local people's court where the debtor resides

    However, the following civil actions shall be under the jurisdiction of the people's court in the place where the plaintiff has his domicile:; If the plaintiff's domicile is inconsistent with his habitual residence, the people's court of the plaintiff's habitual residence shall have jurisdiction:

    (1) Litigations concerning identity relations brought against persons who do not reside in the territory of the People's Republic of China;

    (2) Litigations concerning the identity of persons whose whereabouts are unknown or who have been declared missing;

    (3) Litigation against the person who has taken compulsory educational measures;

    (4) A lawsuit brought against a person who is imprisoned.

    Legal basis

    Article 21 General Territorial Jurisdiction of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    A civil action brought against a citizen shall be under the jurisdiction of the people's court in the place where the defendant has his domicile; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's court in the place of his habitual residence. A civil action brought against a legal person or other organization shall be under the jurisdiction of the people's court in the place where the defendant has his domicile. If several defendants in the same lawsuit have their domiciles or habitual residences under the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction.

    Special provisions in Article 22 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
    The following civil actions shall be under the jurisdiction of the people's court in the place where the plaintiff has his domicile; If the plaintiff's domicile is inconsistent with his habitual residence, the people's court of the plaintiff's habitual residence shall have jurisdiction:
    (1) Litigations concerning identity relations brought against persons who do not reside in the territory of the People's Republic of China;
    (2) Litigations concerning the identity of persons whose whereabouts are unknown or who have been declared missing;
    (3) Litigation against the person who has taken compulsory educational measures;
    (4) A lawsuit brought against a person who is imprisoned.

    Li***

    2024-06-18 17:00:00

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