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How can I apply for a payment order if I don't pay the arrears?
legal ground
Conditions for applying for a payment order Article 214 of the Civil Procedure Law of People's Republic of China (PRC) (revised on 20 17) Where a creditor requests the debtor to pay money or securities, it may apply to the grassroots people's court with jurisdiction for a payment order if the following conditions are met: (1) There is no other debt dispute between the creditor and the debtor; (2) Payment orders can be served on the debtor. The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
Article 215 of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 17) After accepting the application for payment order, the people's court shall notify the creditor whether to accept it or not within five days.
Article 216 of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 17) Payment Order After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, the ruling shall be rejected. The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court. If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
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