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Will the consumer finance prosecution court accept it?
According to Article 119th of the Civil Procedure Law of People's Republic of China (PRC), 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.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
In fact, going to court to sue can also be regarded as a means of dunning by consumer financial institutions, so that customers can repay as soon as possible through legal channels. Before deciding to sue, consumer financial institutions usually tell customers to pay their debts quickly if they don't want to be sued. In this way, consumer financial institutions will recover the money and naturally will not sue again. Even if a lawsuit has been filed, as long as it can be paid off before the court accepts it, consumer financial institutions will withdraw the lawsuit.
If customers really can't afford it, they can actually try to contact consumer finance institutions to negotiate an extension. If the negotiation is successful, the consumer financial institution will also voluntarily withdraw the lawsuit, and then the customer can repay the loan in installments on time according to the negotiated new repayment plan.
However, if the court refuses to repay after the judgment, it is likely that the court will enforce it, freeze the bank card under the customer's name, and deduct funds from it to pay off the arrears.
Article 124 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall handle the following prosecutions according to different situations:
(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case in which a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit;
(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.
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