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Is it true that Guangsheng Law Firm received the notice of the case?
When the lender brings a lawsuit to the people's court, it shall provide such creditor's rights certificates as IOUs, receipts, IOUs and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it.
If the guarantor provides joint liability guarantee for the borrower and the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant; If the lender only sues the guarantor, the people's court may add the borrower as a co-defendant.
Where the guarantor provides a general guarantee for the borrower and the lender only sues the guarantor, the people's court shall add the borrower as a co-defendant; If the lender only sues the borrower, the people's court may not add a guarantor as a co-defendant.
First, as long as the conditions for prosecution are met, prosecution can be carried out. According to Article 1 19 of the Civil Procedure Law, 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.
Second, as the plaintiff, the parties must appear in court in principle, or get the consent of the court, otherwise they will be dismissed. According to the provisions of Article 143 of the Civil Procedure Law, if the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
The limitation of action for claiming to repay the loan is 2 years, and the excess is generally regarded as giving up the right of recourse; The limitation of action is extended due to the debtor's commitment to pay within a time limit (generally confirmed by written commitment and oral commitment recording). First, write a qualified complaint, including the basic information of the plaintiff and the defendant (clear name, address, occupation, age, work unit, etc.). ), claim, facts and reasons. Secondly, it is necessary to provide a copy of the main evidence and a copy of the plaintiff's ID card.
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