Joke Collection Website - Public benefit messages - Send insulting text messages directly to collect money. It’s very insulting. Can I sue?
Send insulting text messages directly to collect money. It’s very insulting. Can I sue?
You can sue. As long as the conditions for prosecution are met, you can sue. To sue, you need to submit a complaint. You need to know the name, gender, workplace, residence and other information of the other party so that the court can send the complaint to the other party.
According to the "Civil Procedure Law of the People's Republic of China", the specific provisions are as follows:
1. Article 119: Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There is a specific The litigation claims, facts and reasons;
(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.
2. 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, you can file a complaint orally, and the people's court will record it and inform the other party.
3. Article 121: The complaint shall state the following matters:
(1) The plaintiff’s name, gender, age, ethnicity, occupation, work unit, Domicile, contact information, name, domicile of a legal person or other organization, and name, position, and contact information of the legal representative or principal responsible person;
(2) Name, gender, work unit, residence, etc. of the defendant Information, such as the name and address of a legal person or other organization;
(3) Litigation claims and the facts and reasons on which they are based;
(4) Evidence and sources of evidence, names of witnesses and residence.
4. Article 123: The People’s Court shall protect the litigant’s right to sue in accordance with the law. Prosecutions that comply with Article 119 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.
5. Article 125: The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. The defense statement shall state the name, gender, age, ethnicity, occupation, work unit, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense.
If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.
Extended information
Litigation in the People's Court is a means for parties to obtain judicial protection. In order for the lawsuit to be heard by the court, the parties must meet the conditions stipulated in the law:
First, the plaintiff must have legal qualifications, that is, the plaintiff must be a citizen, legal person or other organization that has a direct interest in the case. The plaintiff must sue because his or her civil rights have been infringed or he has a dispute with others.
Second, there must be a clear and specific defendant, and it must be possible to clearly identify who is the other party.
Third, there are specific litigation claims, facts and reasons. Litigation claims refer to the plaintiff's request to the People's Court for the court to make a certain judgment. It is the plaintiff's request for substantive rights against the defendant in the lawsuit. The plaintiff must also state the facts on which the lawsuit is based and request the court to protect its rights and interests. reason.
Fourth, it falls within the scope of the people's court to accept civil litigation and falls under the jurisdiction of the people's court receiving the lawsuit. The cases brought by the parties should be matters that the People's Court can resolve through the exercise of judicial power. At the same time, the lawsuit must be filed with a court with jurisdiction.
Chinese Government Legal Information Network—"Civil Procedure Law of the People's Republic of China"
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