How can the other party sue if he doesn't borrow money?

1、 Opposite party Don't repay the borrowed money Yes? prosecution ?

1. If you want to sue the citizens and units who do not repay the borrowed money, you usually need to submit it to the court Civil prosecution Shape.

《 civil procedure law 》Article 123

Prosecution should be made to civil law courtyard submit Indictment And submit copies according to the number of defendants.

If it is really difficult to write a statement of complaint, the people's court may file an oral complaint, which shall be recorded by the people's court and notified to the other party party 。

2. The prosecution must meet the following conditions:

(1) The plaintiff is a citizen who has a direct interest in the case legal person And other organizations;

(2) There are definite defendants;

(3) Specific Claim And facts and reasons;

(4) It is accepted by the people's court civil action The scope of and the people's court to be sued have jurisdiction over 。

2、 How to judge if you borrow money but don't sue?

1. Caused by failure to repay borrowed money dispute After being accepted by the court, the court may decide the plaintiff Win the lawsuit 。

Lender To the people Court action A receipt, receipt IOU And other creditor's rights certificates and other evidences that can prove borrowing and lending Legal relations Existing evidence The people's court will judge the repayment according to law if it is verified that the repayment should be made.

2、 borrower Insolvency The court may or may not order the borrower to repay the loan.

Non repayment after borrowing, creditor Borrow money after suing the people's court People are unable to pay their debts If the creditor can provide evidence to prove the fact of the loan, the court will decide in favor of the creditor's right.

Effectiveness of borrower's non performance judgment The creditor may, within 2 years, notify the people's court Application for enforcement 。

through Court enforcement After that, if the borrower really has no property to enforce, the court can rule to terminate this Execution procedure . If the creditor finds that the borrower has property available for enforcement, it can petition for enforcement 。

III Private loan litigation What is the procedure?

The civil lending litigation procedure is specifically that the parties submit the petition and relevant materials to the court, and the court reviews and makes a decision on whether to accept the dispute. If a notice of acceptance is required for the decision to accept, the plaintiff of the case needs to pay the acceptance fee within the specified time after receiving the notice, and then the court will schedule a hearing.

1. Parties submit petition application Filing a case

(1) First submit indictment And submit corresponding copies according to the number of the other party.

(2) According to "who claims Who adduces evidence "Principle, plaintiff Bring a lawsuit to the court The following materials shall be submitted:

① Material of plaintiff's subject qualification. Such as residents ID Household register, passport, home return permit for Hong Kong and Macao compatriots marriage certificate The original and copy ; Enterprise unit To be submitted as plaintiff Business license Copies of business registration certificate and other materials.

② Prove the plaintiff litigation Evidence of assertions. Such as contracts, agreements, creditor's rights documents（ Debit note , IOUs, etc.), receipt and delivery vouchers, correspondence, etc.

(3) The party submits to the court Documentary evidence , should be filled in In duplicate List of evidence, detailing the name and number of pages of evidence submitted. After the evidence is checked by the court undertaker, the undertaker shall sign and seal on the list of evidence, one for the parties and one for the record.

2. The court issues a notice of acceptance

(1) The filing court shall, within seven days after the parties have completed the necessary formalities and submitted the relevant evidence Conditions for filing Go through the formalities of filing; If the case does not meet the conditions for filing, it shall be ruled not to accept according to law.

(2) The party concerned shall submit in advance within seven days from the date of receiving the acceptance notice Case acceptance fee And others Litigation costs , if it is really difficult, you can submit a written application to the court for reduction, postponement or exemption within the advance payment period, be overdue In case of failure to submit or the written application for postponement, reduction or exemption is not approved but still not submitted in advance, the court will rule that Withdrawal handle.

(4) The court organizes both parties to exchange evidence and the defendant to submit Pleading

(5) After the case is filed, the court will schedule a hearing.

The lender may file a lawsuit Debt dispute It should be noted that before prosecuting, it is better to collect relevant evidence to prove that you have met Conditions of prosecution Materials. How to sue if the other party doesn't repay the borrowed money If you have other related questions, you can click the "Consultation Now" button below, and we will match professional lawyers to answer your questions.