When to file a lawsuit for non payment of debts

I not to pay the money one owes When to sue Filing a case

Within seven days, Non payment of money owed The filing time after the prosecution is received by the people's court Indictment And relevant materials within seven days. You can sue if you don't pay back the money on the agreed date. There is no time limit. The people's court shall safeguard the litigants' right to sue in accordance with the law. As long as it meets the requirements, the court must accept it. The case is usually filed within seven days after the prosecution.

Legal basis:

《 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.

《 Civil Code 》Article 189

The parties agree on the same debt Installments, Limitation period It shall be calculated from the date when the last term of performance expires.

2、 What conditions must be met for a lawsuit not to repay the arrears

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

2. There are clear 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 。

3、 What are the procedures for prosecuting those who owe money

（1） The first stage: the prosecution stage.

This stage includes the following three procedures:

1. The plaintiff submits to the people's court indictment , copies and related evidence 。 Required documents:

(1) Complaint, copy of complaint.

(2) ID Explicit materials, such as ID card and household register.

(3) arrears Evidence, including IOUs, receipts IOU , payment voucher, etc.

2. The people's court accepts the documents and materials submitted by the plaintiff and reviews them.

3. Review the prosecution in accordance with the legal provisions and requirements, make a decision on acceptance and file the case, otherwise, return the plaintiff's documents and materials, and tell the reason for not accepting.

（2） The second stage: the defense stage.

1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of the decision to file the case, and inform the defendant to make a written defense.

2. The defendant shall make a written defense within 15 days from the date of receiving the copy of the indictment served by the people's court.

If the defendant does not submit a defense within 15 days, the people's court will try the case and make a judgment as usual.

If the defendant is indeed unable to make a reply within 15 days due to reasons other than his own will, he may apply to the people's court according to the facts for an extension, and the president of the people's court may make a decision on the extension.

（3） The third stage: Hearing Phase.

This stage enters the substantive stage of litigation, which is mainly to review the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties. It includes the following programs:

1. Court investigation.

2. Court debate.

3. The judge presided over the mediation.

4. The mediation is invalid and the judgment is invalid.

4、 How long is the time limit for prosecuting those who do not repay the arrears

1. The limitation period of action for non repayment of arrears is three years. If the law provides otherwise, such provisions shall prevail.

2. The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.

When to file a lawsuit for non payment of debts The case is usually filed within seven days. The people's court shall safeguard the litigants' right to sue in accordance with the law. Any suit that meets the conditions must be accepted. If the conditions for prosecution are met, the case shall be filed within seven days and the parties shall be notified. If you encounter relevant legal problems, we hope to get lawyer For help, you can communicate with the lawyer online through the "Consultation Now" button below.