There is no debt, but the other party has already issued an invoice. Can the other party sue for non-payment?

There is no debt, but the other party can still sue. IOUs or IOUs only exist as evidence and are not necessary conditions for prosecution. The absence of an iou does not affect the parties' prosecution in court. As long as the parties meet the legal requirements for prosecution, that is, the parties have an interest in the case, have a clear defendant, and have specific claims, facts and reasons, even if they have no debts, they can sue.

Legal analysis

The failure to pay back the money owed belongs to a civil dispute. The parties may settle the debt dispute through consultation. If negotiation fails, they can bring a lawsuit to the court and settle the dispute through the court. The parties may use other relevant evidence or indirect evidence, such as all memories with the debtor, bank transfer records, witness testimony, etc. , and all the evidence that can prove the fact and amount of arrears, so as to clarify the creditor-debtor relationship between the two parties. If you give cash, you should print a receipt for withdrawing cash from the bank. According to the provisions of the Civil Procedure Law, the creditor requests the debtor to pay money and securities. If there is no other debt dispute between the creditor and the debtor, and the payment order can be served on the debtor, it may apply to the grassroots court with jurisdiction for the payment order. If the debtor fails to pay off the debt within 15 days after receiving the payment order from the court, or fails to raise a written objection to the court, the creditor may apply to the court for enforcement. After the plaintiff applies for compulsory execution, the court will require the person subjected to execution to declare his property, and take measures such as putting the person subjected to execution on the list of people who have lost their trust and restricting the high consumption of the person subjected to execution to restrain and force the person subjected to execution to perform the judgment.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 3 The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.

Article 119 A 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.