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What if the team defaults on freight?
The litigation procedure of freight default is as follows:
1, sue, that is, file a complaint with a court with jurisdiction.
2. Filing a case for review
3. If a court session is arranged, notify the parties of the time, place and undertaker of the court session three days in advance;
The public hearing of the case will be announced three days in advance.
Step 4 hold court sessions
(1) court investigation:
Both sides state the facts of the case.
(2) Proof and cross-examination:
Inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials;
The two sides expressed their opinions on the evidence materials.
(3) court debate:
The parties concerned debate and demonstrate controversial facts and legal issues.
(4) court mediation:
Under the auspices of the court, the two sides agreed to settle the dispute.
5. Sentences
If the parties agree to the judgment, they will automatically perform the obligations specified in the judgment document or file an application for execution;
If there is disagreement with the referee, it needs to be treated differently according to the situation:
Ruling:
Appeal to the Higher People's Court within 10 days from the date of service;
Judge:
Appeal to the higher people's court within 15 days from the date of service.
Delayed freight charges may be prosecuted. In the long-distance transportation industry, freight is generally settled by "delivery first and then settlement", but there is no fixed settlement time and method for freight settlement. If the shipper can't pay the freight in time, the truck driver will often be troubled by the arrears of freight.
To sum up, the parties concerned can settle the freight dispute through consultation. If negotiation fails, a lawsuit can be brought to the people's court according to law, requesting the people's court to order the parties to pay the freight in accordance with the agreement and relevant laws. If the other party refuses to pay the freight, it can also apply to the court for enforcement.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
essay
The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.
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