If you owe money and don't pay it back, how can you sue him if you have text messages and recorded evidence?

1. The first message can be used as evidence to confirm the amount. The first thing to understand is that even if the reimbursement process is interrupted, the recording before the interruption can still be used as evidence.

Although the evidence chain is weak, as long as it can prove what happened, you can sue.

What is brought to court is a payment lawsuit. Naturally, the court should confirm it first. When the creditor-debtor relationship exists, the lawsuit is established and can be executed after the judgment. If the other party's property is relatively small, you can ask for property preservation immediately after the prosecution to prevent it from transferring property.

3. Keep relevant evidence (such as contracts, emails, short messages, recordings, remittance records, etc.). ), sue the debtor in time and ask him to repay, contact the lawyer in time to analyze and discuss how to further collect evidence and safeguard his legitimate rights and interests.

4. You can go to court to sue.

Even if you can't find this person, you can clearly provide accurate information about this person, such as name, household registration and other related information, and you can also bring a lawsuit to the court.

If the defendant cannot be found, the court will announce the service of the summons, and if he still fails to appear in court after the announcement, he may be tried in absentia and make a judgment. Of course, because the announcement period takes two months, the case takes longer in this case.

Thirdly, if the defendant cannot be found after the judgment, but the defendant's property can be found, it can be directly executed by the court.

Extended data:

Meeting minutes:

1. The plaintiff shall have civil capacity.

According to the General Principles of Civil Law,/kloc-citizens over 0/8 years old are adults with full capacity for civil conduct; /kloc-citizens over 0/6 years of age/kloc-citizens under 0/8 years of age whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct and have the right to bring a lawsuit in their own name.

If a minor or mental patient is a person with no capacity or limited capacity, his legal guardian shall act as the legal agent to represent him in litigation.

2. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case.

A consumer who brings a lawsuit must be a consumer or other victim whose legitimate rights and interests have been infringed upon in purchasing or using goods or receiving services.

3. There is a clear defendant.

According to Article 35 of the Consumer Protection Law, consumers can take sellers or service providers as defendants when their legitimate rights and interests are infringed.

Consumers who cause personal or property damage due to commodity defects may take the seller or producer as the defendant. The law gives consumers the right to sue producers and sellers, and consumers choose the object that is the most convenient for them to sue, the most capable of fulfilling the judgment and the easiest to find as the defendant.

4. There are clear claims and factual basis.

That is, specifically put forward the fact that the operator violates the contract and infringes, the damage caused to himself, and the civil liability that the operator should bear.

5, to the people's court with jurisdiction.

It can include the following aspects:

(1) In general civil cases, civil actions brought against legal persons or other organizations shall be under the jurisdiction of the people's court where the legal person is domiciled; If several defendants in the same lawsuit have their domicile or habitual residence in two or more people's courts, they may bring a lawsuit in one of the people's courts.

(2) Infringement shall be prosecuted in the court where the infringement occurred or where the defendant is located. The people's courts in the places where the products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.

(3) Litigation rights in railway, highway, water, air transportation and combined transportation shall be brought to the court where the transportation originated, destination or defendant is located. Litigation for damages caused by railway, highway, water and aviation accidents shall be brought to the court in the place where the accident occurred, the place where vehicles and ships first arrived, the place where aircraft first landed or the defendant's domicile.

(4) Article 33 of the Civil Procedure Law stipulates that a lawsuit against real estate shall be filed with the court where the real estate is located.

6. The effective period of bringing a civil lawsuit to the court is within two years after the obligee knows that his rights have been infringed.

The General Principles of the Civil Law also stipulates four situations in which the limitation of action is one year:

(1) claims compensation for bodily injury;

(two) the sale of substandard goods has not been declared;

(3) delaying or refusing to pay the rent;

(4) Loss of or damage to the property in escrow.

7. The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, the people's court may record the oral complaint and inform the other party.

Baidu Encyclopedia: Evidence in Civil Proceedings