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How to deliver payment instructions
1, direct delivery, also known as delivery, refers to the way that people send people to directly deliver litigation documents to the addressee for signature. Direct delivery is the most basic delivery method. In other words, whatever can be served directly should be served directly to prevent the delay of litigation and ensure the smooth progress of litigation procedures;
2, lien service, refers to the addressee unreasonably refused to serve the litigation documents, the addressee shall put the litigation documents in the addressee's residence and produce the legal effect of service;
3. Entrusted service means that when the person in charge of hearing a civil case has difficulty in directly serving the litigation documents, he entrusts others to serve them on his behalf according to law. Entrusted service and direct service have the same legal effect;
4. Delivery by post means that people send documents to the recipients by registered mail through the post office. Practice shows that mailing is usually a delivery method when the recipient's residence is far from the road and it is difficult to deliver directly.
5. Service refers to the way that people send litigation documents to the unit where the addressee works for collection, and then give them to the addressee. There are three kinds of forwarding services:
(1) If the recipient is a soldier, it shall be handed over through the political organ of a unit at or above the regimental level;
(2) If the person subjected to execution is imprisoned, it shall be handed over by the prison and the reform-through-labor unit;
(3) If the addressee is undergoing reeducation through labor, it shall be handed over by the reeducation through labor unit to which he belongs. After receiving the litigation documents, the organs and units that transfer them on their behalf must immediately hand them over to the addressee for signature, and the date of delivery shall be the time when the addressee signs on the service receipt;
6. The notice can be posted on the bulletin board of the addressee's original residence or published in a newspaper. Only when the recipient's whereabouts are unknown or cannot be served by other means can the notification be used. The legal effect of announcement service is the same as other service methods. If the summons cannot be served on the defendant in person, it can be served by other means mentioned above.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 214 Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based. Article 215 After an application is filed by a creditor, the people's court shall notify the creditor whether to accept it or not within five days. Article 216 After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance. If the application is not established, the application 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 an objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution. Article 217 After receiving the written objection raised by the debtor, the people's court shall rule to terminate the supervision procedure and the payment order shall automatically become invalid if the objection is established after examination.
If the payment order is invalid, it shall be transferred to the proceedings, except that the party applying for the payment order does not agree to bring a lawsuit.
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