What kind of delivery address confirmation should be uploaded for online application execution and filing?

ulteriorly

Improve the litigation service experience of the parties, facilitate the parties to file a case, and the Binhai New Area Court actively promotes online execution and file a case to improve the efficiency of filing a case.

However, some parties expressed doubts, why is my application for filing a case always rejected? Why can't I understand the materials submitted by the judge? Frequently asked questions about online execution filing, let the audit judge answer and prompt.

Situation 1:

the people

Judge, why didn't a judge contact me or receive information after my online execution filing application was submitted?

judge

After the judge's review is completed, the system will send the review opinions to the parties. Please check the mobile phone historical SMS and filing platform for the audit results.

The judge dispelled doubts.

According to the law, the review period for online filing is 7 working days. After the review, the review opinions will be sent to the parties through SMS and platform information, and the parties are invited to check the SMS or filing platform in time.

The progress of the case, in case of missing audit information. In addition, some parties are not familiar with the operation of the online filing platform, so it is recommended to check the case list of the filing platform in time after filing, and only the filing information in the status of "pending review" can be successfully submitted.

Case 2:

the people

Judge, judge, what is the receiving address confirmation, self-service refund and account refund information form prompted by SMS? Never heard of it.

judge

It doesn't matter if you haven't heard it. Today, the judge will tell you in detail to ensure that you can understand! These two forms are necessary materials in the process of filing. We attached a template and detailed instructions. Just download it at home and fill it out.

The judge dispelled doubts.

The confirmation letter of service address is the necessary material for filing a case, which means that the parties confirm their actual contact information, and the legal documents sent by the judge will be subject to the contact information in the confirmation letter. For the specific format, the parties can refer to the following figure. At the end of the article, we will also provide a template for confirming our delivery address and a download link for filling in the instructions for your reference.

"Self-service Refund and Refund Account Information Form" means that after the customer confirms the personal collection account information, the judge can automatically remit the case money to the customer's account, and the customer does not need to handle it again. Please refer to the following figure or the link of official website in our hospital for the specific filling format.

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Description of self-service refund reimbursement account information form and confirmation of delivery address

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Situation 3:

the people

What does the reply to the audit opinion mean "Please specify the calculated amount of interest (liquidated damages, fines ...) and specify the calculation details"?

judge

This requires our client to calculate the interest as a certain amount, so that the enforcement judge can carry out the subsequent enforcement procedures according to the client's application.

The judge dispelled doubts.

According to Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of People's Courts (Trial), when applying for enforcement of legal documents in force, the parties concerned shall specify the reasons, matters and clear enforcement targets in the application for enforcement.

So as to determine the execution scope of the executing agency. Therefore, it is necessary for the parties to provide the enforcement judge with a clear amount of execution when applying for enforcement.

In the judgment, the defendant is often judged to undertake monetary items with floating amount, such as paying interest (fines and penalty interest). If a party applies for execution of this part of the monetary debt of the person subjected to execution, please temporarily calculate the interest at the interest rate stipulated in the judgment until the date of application execution, and specify the interest amount and calculation details in the application execution letter, so as to facilitate the execution judge to carry out follow-up work such as account investigation and control.

Situation 4:

the people

Judge, what does it mean to reply to the audit opinion that "if the application is delayed in performing interest, please indicate the amount and the calculation details"?

judge

Double payment of overdue interest has always been a hot issue that puzzles the parties. Many parties are puzzled by this late interest in performance. Let's talk about this "post-performance interest" today!

The judge dispelled doubts.

Article 260th of the Civil Procedure Law stipulates the interest for delayed performance, which is a punitive measure in the form of extra fine for the person subjected to execution. In practice, the parties misunderstood this clause.

According to the provisions and legislative spirit of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in Calculating Debt Interest during Delayed Performance, the factors for calculating debt interest for delayed performance are explained as follows:

1, calculate the radix. The interest for delayed performance is calculated on the basis of the principal owed by the parties as determined by the judgment. Require the amount owed by the parties to reach a certain amount. For floating judgments or other judgments with uncertain total amount, such as interest, penalty interest,

Floating calculation of liquidated damages and other arrears.

2. Calculate the interest rate. The interest rate for double payment of overdue debts is fixed, with a daily interest rate of 1.75.

And LPR interest rate, agreed loan interest rate, etc.

It doesn't matter that the meaning of "doubling" refers to the deferred performance interest of the doubled part. Contrary to the general debt interest, it doesn't mean that the interest rate is multiplied by two.

3. Calculation period. The calculation period starts from the expiration of the performance period of the person subjected to execution. The calculation method of the performance period is: the effective date of the judgment+the performance period of the obligor stipulated in the judgment.