How to sue private lending? What is the procedure? What should I do?

First, private lending prosecution procedures

1、? Filing a case-the filing court will review and file a case. If the prosecution materials are complete and appropriate, you can generally go through the filing procedures on the same day.

2、? Payment-after the case is accepted, the plaintiff or the applicant prepays the legal fees or the applicant,

3、? Trial-After the case is accepted, it will be handed over to the trial court, which will notify the other party to respond and arrange the trial time.

4、? Judgment-After the case is heard in court, the court of first instance makes a judgment on the basis of finding out the facts.

5、? Appeal-If a party refuses to accept the judgment of the first instance of the court, he can appeal to the higher court within 15 days, and the higher court will conduct the second instance. The second trial is final.

6、? Application for enforcement-For legal documents that are effective and have delivery contents, the parties shall consciously perform their obligations. If one party fails to perform, the other party may apply to the court for enforcement within two years.

Second, private lending prosecution should bring materials.

1、? Complaints (see the back of this page for the format). In duplicate, if the defendant is 1, the complaint is two copies; There are two defendants, three, and so on.

2、? Identification materials. Such as citizen's ID card, business license of enterprise, identification certificate of legal representative, etc. If inheritance is involved, proof of kinship should also be submitted, which is generally issued by the public security organ.

3、? Evidence. In order to prove the facts of the case, the parties shall submit relevant evidence to the court within the statutory time limit. Such as debit notes and receipts in private lending. The evidence shall be copied, and the number of copies submitted shall be consistent with the complaint.

Third, matters needing attention

1、? Time limit for hearing a case. For ordinary cases, if summary procedure is applied, the case will be closed within three months; If the ordinary procedure is applied, the case can be closed within six months, or it may be longer. The court shall decide which procedure to apply to the trial according to the relevant provisions. There are many cases in our hospital that can be heard in about two months, but the specific hearing time depends on the specific circumstances of the case.

2、? The legal costs of a case are usually borne by the losing party, but the plaintiff must pay in advance when suing.

3、? In litigation, if it is an individual industrial and commercial household, the owner (operator) is the plaintiff or defendant.

4、? According to the provisions of the court, the plaintiff bears the burden of proof for his claim. It means that the parties should provide corresponding evidence for the content they advocate. If there is not enough evidence to prove it, you may have to bear the risk of losing.

5、? If the plaintiff cannot appear in court in person, he may entrust 1-2 people to handle the filing formalities, but the entrustment formalities must be witnessed by the court staff and notary department or entrusted by a lawyer, and the indictment must be signed by the plaintiff himself.

Extended data:

Apply for property preservation

Article 92 of the Civil Procedure Law stipulates: "In a case where the judgment cannot be executed due to the behavior of one party or other reasons, the people's court may, upon the application of the other party, order property preservation."

Article 93 stipulates: "If an interested party fails to apply for property preservation immediately because of an emergency, which will cause irreparable damage to his legitimate rights and interests, he may apply to the people's court for property preservation measures before bringing a lawsuit." .

In other words, the parties can take property preservation measures in time to prevent or reduce economic losses according to the provision of "property preservation comes first". In the current situation of tight capital and difficult organization of production factors, there are indeed many debtors who fail to settle the payment in time according to the contract, and it is quite common to delay and evade debts. Some are often difficult to implement even if the notary office makes a ruling or the people's court makes a judgment; Some debtors are essentially engaged in economic fraud.

Under these circumstances, the creditor may, in accordance with the above provisions, file an application for property preservation while bringing a debt lawsuit to the people's court, and provide relevant information about the debtor's property, so that the people's court can seal up, detain, freeze or take other means as prescribed by law. If the debtor commits economic fraud, the creditor may apply to the people's court for property preservation measures before the prosecution to prevent the debtor from transferring the property and causing economic losses to the creditor.

References:

Private Lending Complaints (Sample and Description)-China Trial Process Information Open Network