Joke Collection Website - Blessing messages - How to sue debtors online?
How to sue debtors online?
1. Find the options of the Supreme People's Court through the city service of WeChat platform;
2. Click the Supreme People's Court to enter and select the location of the court where the specific case was filed;
3. After clicking into the confirmed court, click I want to file a case;
4. After filling in the relevant contents of filing a case, scan and upload the complaint and other materials;
5. After completing the appeal process, just wait for the court to review.
what if the other party still doesn't pay back the money after the prosecution?
If the other party still fails to pay back the money after the prosecution, the creditor may apply to the court for a payment order. If the debtor fails to raise an objection and perform the payment order within the specified period, the creditor may apply to the people's court for enforcement.
The prosecution process is as follows:
1. First, write a complaint, file a case for compensation, the court informs the other party to respond, agrees on the court session time, holds a court session, and settles the case through mediation. If mediation fails, a judgment will be made. After the judgment was served for 15 days, both parties refused to appeal the judgment to take effect and applied for enforcement.
2. If there is an IOU, and the IOU has been written for less than two years, you can directly sue the other party for repayment. If there is an agreed date, it can be postponed for two years.
3. Try to collect evidence without IOUs. SMS, recording during debt collection, testimony and evidence provided by the third party during debt collection. Evidence must be verified before it can be used as a basis for ascertaining facts.
4. The trial time of civil cases is: the summary procedure is concluded within 3 months, and the ordinary procedure is concluded within 6 months.
5. If the other party has deposits or other items, you can choose to apply for litigation preservation: first, ask the court to seal up and freeze.
recordings, witness statements, account books, partnership agreements, bills, etc. It is the most important evidence when the creditor applies to the court for repayment of the debtor. If the amount involved is huge, you can first apply to the court for litigation property preservation, seal up the other party's account and prevent the other party from transferring assets.
Legal basis:
Civil Procedure Law of the People's Republic of China
Article 221 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) the payment order can be served on the debtor.
the application shall clearly state the amount of money or securities requested and the facts and evidence on which it is based.
Article 223 After accepting the application, if the facts and evidence provided by the creditor are clear and legal after examination, the people's court 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 enforcement.
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