1、 Sue others Non payment of money owed What is the process of
(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) Indictment 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 that the prosecution meets the legal provisions and requirements, make a decision on acceptance and Filing a case Otherwise, the plaintiff's documents and materials will be returned and the reasons for rejection will be informed.
(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 litigation In the substantive stage of, it 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.
2、 What conditions must be met for the prosecution of non repayment of 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. There are specific claims, 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 is the time limit for prosecuting those who do not repay their arrears
1. You still owe money Limitation period 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.
4、 In case of non performance after the judgment for non repayment of arrears, an application shall be filed Court enforcement What is the process of
1. If one party refuses to comply with an application for a legally effective civil or criminal judgment or order, the other party may apply to the people's court for enforcement according to law. Enforcement Material of:
(1) Enforcement application A copy of the book.
(2) One copy of materials proving the subject qualification of the applicant for enforcement. If the applicant is entrusted to apply for compulsory enforcement, the entrustment shall be provided together agent Information.
(3) One original and two copies of the effective legal document with enforcement content.
(4) The list of the respondent's property clues and the address and contact information of the respondent.
2. The court will accept the application.
3. When applying for reconsideration, if the parties or interested parties are not satisfied with the ruling, they may apply to the people's court at the next higher level for reconsideration within 10 days from the date of service of the ruling.
4. A notice of execution shall be sent to the person subjected to execution, and the execution officer shall send a notice of execution to the person subjected to execution after receiving the application for execution or the letter of transfer of execution, and order him to perform within the specified period. If he fails to do so within the time limit, compulsory execution shall be carried out.
5. Take compulsory measures, such as inquiring, freezing, transferring the deposit of the person to be executed, withholding, withdrawing the income of the person to be executed, etc.
Suing others for not paying back the money they owe What is the process of, Debit note The difference between IOU and IOU lies in the cause of formation and the effect of proof. The former proves that there is a relationship between borrowing and lending, while the latter mainly proves that there is a relationship between arrears. If you have other questions about this problem, you can click the "Consultation Now" button below to provide you with professional legal knowledge Services.
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