Can the court file a case without defaulting on workers' wages?

In real life, we can know that the phenomenon of wage arrears is very common, which makes many people have a headache. They don't know how to sue. So, there is no debt if you sue for arrears of wages? In order to help you better understand the relevant legal knowledge, we have compiled the relevant contents. Let's have a look.

1. Is there no IOU to sue for unpaid wages?

You can sue without a debt. However, in order to get the support of the judgment of the people's court, you must provide relevant evidence besides the borrower's own admission, otherwise you will face the risk of losing the case.

Evidence includes direct evidence and indirect evidence, and IOUs belong to direct evidence. In the absence of IOUs, you can support your claim by providing indirect evidence such as witness testimony, recording, short messages, chat records and remittance vouchers. I suggest that when you collect some evidence in some ways, you can discuss with him, confirm the fact that you owe money and the relationship between creditor's rights and debts by recording or other recording methods, urge the other party in writing and ask the other party to sign for confirmation, and then you can solve it through litigation. This kind of creditor's rights must be settled as soon as possible, and there may be a statute of limitations, as long as it is not more than three years since you last recovered the debt from him. If the statute of limitations is exceeded after more than three years, the court will not.

Second, don't you owe money? Don't you have a chat record to sue?

Yes, this is also a kind of evidence. If the debtor owes money and doesn't pay it back, the lender can start with indirect evidence to form an indirect evidence chain.

(1) loan evidence;

(2) Evidence for claiming creditor's rights;

(3) The borrower's own confirmation of the loan facts, such as audio recording, video recording, SMS chat record, written commitment, etc. ;

(4) the property information of the other party;

According to the provisions of Article 64 of the Civil Procedure Law, as a lender, it shall submit to the court the creditor's rights certificates that can prove the existence of the legal relationship between lending and borrowing, such as IOUs, receipts and IOUs. If the defendant claims that the loan has been repaid, it shall provide evidence to support it. If he has no evidence, he needs to bear the legal consequences of failing to prove it. In the case of winning the case, the other party still refuses to repay. You can apply to the court for enforcement. The court will deduct and auction the defendant's property, and the legal fees and execution fees will be borne by the defendant.

Third, how to sue without debt?

You can sue without an iou, and the iou does not affect the creditor's litigation rights. IOUs are not the only evidence to sue for repayment. Creditors should collect other evidence, such as audio and video recordings. Even illegal audio recordings will be accepted by the court at present as long as they do not violate laws and social ethics. Other evidence can also be provided, such as witness testimony is also one of the evidence. Another example is the bank's withdrawal voucher and transfer voucher; The SMS and qq messages exchanged by both parties are legal evidence and can be submitted to the court.

The above is a detailed introduction to the knowledge that you can sue for arrears of wages. You don't have to owe money to sue. IOUs are just evidence of wage arrears, and there are many other evidences of wage arrears. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to answer your questions.