1、 General police station management Non payment of money owed 吗
1. Generally, the police station will not refuse to pay the arrears. The money owed does not belong to Economic disputes Case, not belong to the public security department have jurisdiction over , the police station will not manage. It is useless if the alarm is given. The parties may collect and retain the true evidence , such as arrears IOU 、 Repayment Agreement 、 Loan contract . The evidence of SMS and WeChat communication, bank transfer receipt, etc., are invalid after repeated reminders Limitation of action To file a lawsuit in the court within two years.
2. Legal basis: The People's Republic of China civil procedure law 》
Article 122
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) It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed.
Article 123
The lawsuit shall be submitted to the people's court Indictment And submit copies 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.
II How to sue if you still owe money
1. Court determining jurisdiction
Whether the court has Jurisdiction , mainly Agreed jurisdiction And legal jurisdiction. When signing the contract, both parties may choose the court that may govern the litigation dispute, and both parties agree on the court that will govern through consultation.
If the parties have not agreed on the jurisdiction of the court, it shall be determined according to the legal jurisdiction, generally including the defendant's domicile, contract signing place and Contract performance The jurisdiction courts of different types of contracts are also different, and the specific requirements are subject to the legal provisions.
2. Write the indictment and sort out relevant litigation materials
To file a lawsuit in the court, it is necessary to have a statement of complaint, basic information of the plaintiff and defendant, relevant evidence materials, and litigation agent The identity information of the agent is also required. The existing evidence includes the contract and relevant materials of contract performance, which are required to be originals. If some materials are not original, let lawyer Review whether the litigation results will be affected.
3. Court debate and cross examination
Filing a case After the introduction, the court will send a subpoena to determine the time of the hearing, and will also exchange the evidence materials of the original and the defendant. The authenticity and probative power of the evidence will be debated in the court, and new evidence can also be submitted.
4. Effective stage of judgment
After the court debate, the court, after investigation and analysis, finds the facts of the case and makes a legal and reasonable judgment. If there is any objection to the judgment result, the court may appeal to the higher court for judgment.
3、 I haven't paid back the money for several years Limitation of prosecution
three years
It starts from knowing or should know the default behavior. Our country's law stipulates that the limitation of action can be interrupted by a certain act of asserting rights. After the interruption, the limitation of action can be recalculated.
The People's Republic of China Civil Code 》
Article 188
Requesting the people's court to protect civil rights Limitation period Three years. If the law provides otherwise, such provisions shall prevail.
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.
The money owed does not belong to civil dispute For this type of case, it is generally necessary for the parties to file a lawsuit to the court, and the police station does not care. However, if others do not pay back the money they owe, they can handle it by means of prosecution. The above is the relevant answer about whether the police station will not repay the arrears. If you have other questions, you can click to place an order for immediate consultation.
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