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. If call the police It's no use. party Can 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 Within two years Bring a lawsuit to the court handle.
2. Legal basis: The People's Republic of China civil procedure law 》
Article 122
prosecution The following conditions must be met:
(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) Belongs to people civil law Accepted by the hospital civil action And the jurisdiction of the people's court to which the lawsuit is filed.
Article 123
A lawsuit shall be filed with the people's court submit 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.
2、 How to sue if you still owe money
1. OK litigation Competent court
Whether the court has Jurisdiction , mainly Agreed jurisdiction And legal jurisdiction Contract signing May be right Litigation disputes The court of possible jurisdiction shall be chosen, and both parties shall agree on the court of jurisdiction through consultation.
If the parties have not agreed on a court of jurisdiction, it shall be determined in accordance with the statutory jurisdiction, generally including the defendant's domicile place of a contract and loci solutionis 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
reach Court action , the statement of complaint, the basic information of the plaintiff and defendant and relevant evidence materials are required Agent ad litem Yes, we still need agent Of Identity information The existing evidence includes the contract and relevant materials of contract performance, which are required to be originals. If some materials are not original, the lawyer should review whether they will affect the outcome of the lawsuit.
3. Court debate and cross examination
Filing a case Sent by the court after introduction summons , OK Time of hearing , will also exchange the evidence materials of both the plaintiff and the defendant, and debate the authenticity of the evidence and the size of the probative force in the court new evidence Can also be submitted.
4、 Judgment comes into force stage
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
Never knew or should have known default Action counts. Our country's law stipulates that the limitation of action can pass certain Claim rights If the act is interrupted, the limitation of action may be recalculated after the interruption.
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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