Is pre-litigation investigation a collection?

Generally speaking, the pre-litigation investigation is not a collection, which belongs to the collection staff who took the arrears this morning. The pre-litigation investigation mentioned by the collector of legal analysis is only the rhetoric he collects. If fraud is involved, he will bear the corresponding criminal responsibility.

Is pre-litigation investigation a collection?

There is no pre-litigation investigation mentioned by the collection staff, which belongs to the collection staff who took the arrears this morning. If a party is sued for arrears, the people's court shall, based on the evidence provided by both parties, ascertain the facts and make corresponding judgments.

What is a pre-litigation investigation?

1. Pre-litigation investigation generally means that after loans overdue, financial institutions will have special investigators to investigate you before prosecution;

2. It is mainly to collect procedural evidence that the court can file a case;

3. The main scope of the investigation is: whether the subject qualification of the parties is qualified; Whether it meets the jurisdiction; Other evidence that does not involve substantive issues; Whether there is executable property under the name of the party concerned.

Is the pre-litigation investigation true or false?

It's usually fake. When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.

Legal basis:

Article 12 1 of the Civil Procedure Law of People's Republic of China (PRC) * * * The complaint shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.

Criminal Procedure Law of the People's Republic of China

Article 109 When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.

Article 113

If the people's procuratorate thinks that the public security organ will not file a case for investigation, or the victim thinks that the public security organ will not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.

Which unit is the pre-litigation investigation department?

Pre-litigation investigation belongs to the court. Generally, the court conducts pre-litigation investigation and evidence collection, but it is rare in judicial practice.

Pre-litigation investigation orders are generally limited to the investigation of procedural evidence related to whether the court can file a case. The main scope is: 1, whether the subject qualification of the parties is appropriate.

Grid. 2. Whether it meets the jurisdiction. 3. Other evidence that does not involve substantive issues.

Is the text message of pre-litigation investigation true?

The pre-litigation notice was untrue. The pre-litigation notice will be notified by paper, not by SMS. SMS notification can easily lead to fraud. Therefore, China does not advocate SMS notification. According to the relevant laws and regulations, the people's court shall notify the parties and other participants in the proceedings three days before the opening of the court session. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced.

Therefore, lawyers suggest that reminding SMS before litigation is likely to be fraud, so we should be vigilant. Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 136 When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the court session. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced.