How to sue each other if you owe money? As we all know, it is only natural to pay back debts. But in reality, there are always some people who borrow money from relatives and friends when they encounter something, and they have been in arrears when they pay back the money. So how do you sue each other if you owe money?
How to sue each other if you owe money? 1 First of all, the premise of prosecution
1. Make sure that your IOU/IOU is not overdue;
2, to write an indictment, but also to ensure that the statute of limitations is not exceeded, and the loan relationship is clear. If the other party still refuses to repay the arrears after winning the case, according to the relevant laws and regulations, the relevant departments have the right to detain and seal up the auction property according to the amount.
Second, what is the process of prosecution?
1. Collect relevant evidence to prove that the debt is true;
2. Bring a lawsuit to the court and apply for pre-litigation property preservation;
3. Court appeal, filing, hearing and judgment;
4. After winning the case and the judgment takes effect, if the other party fails to pay back the money within the prescribed time limit, it may apply to the court for compulsory execution. If the other party refuses to implement it, the court may take compulsory measures such as detention and transfer to public security organs for investigation according to the circumstances of the case.
Third, how to prosecute? What materials are needed?
1. First of all, you should apply. After the court accepts the case, you should submit relevant evidence to prove that the money owed to you by others has not been returned.
2. Necessary materials for prosecution: indictment+copy of plaintiff's ID card+evidential materials.
In general, the following materials should be submitted when suing:
(1) One original indictment, with copies submitted according to the number of defendants;
(2) Qualification certificates of the parties (including plaintiff, defendant, third party, etc.). );
(3) evidence that the court has jurisdiction;
(4) Other evidence.
And private lending disputes need to submit evidence are:
(1) Loan agreement or IOU;
(two) the loan relationship has a guarantor, and provide a guarantee certificate;
(3) proof of payment and receipt of both borrowers and borrowers;
(4) Proof of the purpose of the debtor's loan;
(5) Proof that the debtor should pay interest;
(6) If there is no interest agreement, the creditor requires the debtor to pay the overdue interest, or the interest-free loan on an irregular basis has not been repaid after being urged, and the creditor requires the interest to be paid after being urged, there shall be evidence that it has not been repaid due or after being urged;
(7) If the debtor's whereabouts are unknown, there should be relevant evidence to prove the authenticity of the creditor's rights certificate and pay off the debt;
(8) Payment and interest payment vouchers.
If ordinary people want to sue, it will be very troublesome, because a lot of evidence is needed, the process is very annoying and it is a waste of time. Moreover, if you don't write IOUs or other evidence that can prove the loan relationship when borrowing money from friends, it is very difficult to sue and the success rate of getting back the money is even lower.
Moreover, the cost of prosecution is also high. If the loan agreement does not stipulate that if there is a loan dispute, the relevant expenses will be borne by the borrower. Then, this fee will be paid by the lender.
So I suggest that my friend borrow money from him, and he must write a "sign a note" because the signed contract is notarized by Hangzhou National Notary Office. When a debt dispute occurs, users can apply for a notarial certificate at any time, and signing notes can also help users improve the evidence chain, so that users can safeguard their legitimate rights and interests more efficiently and comprehensively.
How to sue each other for not paying back the money? 2. Prosecution procedure for non-repayment.
First, determine the competent court.
The prosecution must first figure out which court to go to, and the technical term is to determine jurisdiction. Usually, the case will be submitted to the people's court where the defendant is located. The defendant's location is divided into two types: habitual residence and domicile. I personally suggest which one to choose.
What if they are all far away?
You can choose to bring a lawsuit to the people's court where the plaintiff is located. According to Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the place where the party receiving the money is located is the place where the contract is performed.
Article 23 of the Civil Procedure Law also stipulates that "a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed." Now ask the other party to pay back the money, then you are the location of the party who received the money, and of course you can sue in the people's court where you are the plaintiff.
Second, write a complaint.
If the complaint is written by a lawyer, it may cost hundreds of thousands, but the complaint in private lending cases is relatively simple. I'm sure you can write it with a little dialing.
The first line is the five characters of the civil complaint, and the rest is divided into three parts.
Part I: Identity information of both parties. The plaintiff's name, gender, date of birth, address, ID number and telephone number. So is the defendant.
Part II: Your request, you can choose from these three (you can choose more than one, or you can make a request at the same time):
(1) Request the court to order the defendant to pay the loan principal of XX yuan.
(2) If there is a fixed interest calculation standard requesting the court to order the defendant to pay the loan interest of XX yuan, one sentence can be added (based on XX yuan, the annual interest rate is calculated at XX yuan from the date of borrowing to the date of actual repayment, and it is temporarily calculated at XX yuan until the date of prosecution. ), if there is no agreed interest, you can write (based on XX yuan, calculated at the quoted interest rate of one-year loan market from the date of prosecution to the actual repayment date, and temporarily calculated at XX yuan from the date of prosecution. )
(3) The litigation costs in this case shall be borne by the defendant.
Part III: Facts and reasons.
Just write a general idea of what happened. Usually write about the relationship between the original defendant, why borrowed money, when and where, how much money was given to the other party, whether the other party issued an IOU, whether it was repaid, and so on.
Indicate the date of the last signature.
Prepare the evidence materials below.
The evidence mainly proves two points: first, the loan is satisfactory, and second, the payment voucher.
The so-called loan agreement is the materials he borrowed from you, such as WeChat, SMS chat records, telephone recording, IOUs, IOUs, etc.
The so-called payment voucher is the material you gave him money, such as transfer records, bank accounts, receipts, witness testimony and so on.
If there is more evidence, make up a serial number and write a list of evidence.
register
When the complaint is written and the evidence materials are ready, you can go to the court to file a case. Before going, you need to prepare the complaint and evidence materials in triplicate (in quadruplicate if there are two defendants, and so on), and then you need to bring your ID card and a copy of your ID card. If you sue in the court where the plaintiff is located, you need to prepare the original and copy of your account page.
If the case is filed on the spot, masks and health codes are also essential during the epidemic. Check the health code and ID card in court, go to the litigation service hall after security check, and then queue up to get the number until you deliver the materials and fill in the procedural documents such as confirmation of delivery address as requested by the judge and sister.
How to sue each other if you owe money? 3. How to sue others for not paying back the money?
The general procedure of prosecution is as follows:
1, write an indictment;
2. Take the evidence and the indictment to the court to file a case and pay the legal fees;
3. The court will hold a hearing after examining and confirming the acceptance;
4. Court decision;
5. Execute the judgment.
Trial time of civil cases: summary procedures should be concluded within 3 months. The ordinary procedure will end in six months.
Relevant laws and regulations
People's Republic of China (PRC) Civil Procedure Law
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Second, the possible seizure of property in debt disputes.
Under normal circumstances, if the debtor can't pay off the debt, the creditor can only bring a lawsuit to the court and force the debtor to pay off the debt through legal channels. Under normal circumstances, creditors cannot directly exercise compulsory rights, including the act of sealing up property. But this is not absolute. If permitted by law, the creditor may seize the debtor's property. Creditors are allowed to seize property under the following two circumstances:
(1) If one party occupies the other party's property according to the contract, and the other party fails to pay the payable amount according to the contract within the agreed time limit, the possessor has the right to seize the debtor's property.
(2) When the debtor or a third party provides certain property to guarantee the debtor's performance of the debt, when the debtor fails to perform the debt, the creditor may seize the collateral and give priority to the realization of his creditor's rights with the value of the collateral. For example, if Party A borrows 1000 yuan as collateral, and fails to repay it at maturity, the creditor may detain the cattle and urge Party A to pay off the debt, or sell the cattle according to law to realize the rights, or discount the cattle for himself, and the balance can be returned. This is the mortgage in civil law.