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

1、 Opposite party Don't repay the borrowed money How to prosecute?

1. If you want to sue the citizens and units who do not repay the borrowed money, you usually need to submit a civil case to the court Indictment 。

《 civil procedure law 》Article 123

In a lawsuit, a bill of complaint shall be submitted to the people's court, and copies shall be provided according to the number of defendants.

If it is really difficult to write a statement of complaint, it may be filed orally, and the people's court shall record it in writing and inform the other party.

2. The prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There are definite defendants;

(3) Specific litigation Request, facts and reasons;

(4) Belongs to the scope of civil litigation accepted by the people's court and the people's court being sued have jurisdiction over 。

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

1. After the dispute caused by the failure to repay the borrowed money is accepted by the court, the court may decide the plaintiff to win the lawsuit.

When the lender brings a lawsuit in the people's court, it shall provide the receipt, receipt IOU And other creditor's rights certificates that can prove the existence of the legal relationship between lending and borrowing evidence The people's court will judge the repayment according to law if it is verified that the repayment should be made.

2. If the borrower is unable to repay the loan, the court may or may not order the borrower to repay.

Non repayment after borrowing, creditor The borrower is unable to repay after suing the people's court debt 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 Creditors can apply to the people's court within 2 years Enforcement 。

through Court enforcement After that, if the borrower really has no property to enforce, the court may rule to terminate this enforcement procedure. If the creditor finds that the borrower has property available for enforcement, it may apply for enforcement at any time.

III private lending What is the prosecution 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 the principle of "who claims who provides evidence", the plaintiff shall submit the following materials to the court:

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 of such evidence; Enterprise units as plaintiffs shall submit Business license Copies of business registration certificate and other materials.

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

(3) When submitting documentary evidence to the court, the party concerned shall fill in a list of evidence in duplicate, detailing the name and number of pages of the 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 fulfilled the necessary formalities and submitted all the relevant evidence materials, handle the filing formalities for those who meet the conditions for 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 pay the case acceptance fee and other fees in advance within seven days after receiving the acceptance notice Litigation costs If it is really difficult, it can submit a written application for reduction, postponement or exemption to the court within the advance payment period. If it is not submitted within the time limit or the written application for reduction, postponement or exemption is not approved but still not submitted in advance, the court will rule to automatically withdraw the lawsuit.

(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 materials to prove that you have met the prosecution conditions. How to sue if the other party doesn't repay the borrowed money If there are other related questions, you can click the "Consult Now" button below, and we will match the specialty lawyer Answer your questions.