How to write an indictment if you owe money?

How to write an indictment if you owe money?

How to write an indictment if you owe money? More and more people will breach the contract and refuse to repay the debts they owe, so they can only take legal channels and bring a lawsuit to the court to demand repayment and safeguard their own interests. Learn how to write an indictment if you owe money.

How to write 1 if the indictment is owed money? Plaintiff: xxx, female, xx, xxxx, Han nationality, education level, work unit, position and address: _ _ _ _ _ _ _ _ _ _,

Defendant: xxx, male, xx, xx, Han nationality, technical secondary school, work unit, position, address: _ _ _ _ _ _ _ _,

Requested items:

1, and sentenced the defendant to repay the arrears of xxx yuan and interest of XXX yuan.

The defendant was sentenced to bear all the litigation costs of this case.

Facts and reasons:

On xx, XX, XX, the debtor xxx borrowed RMB X million from the plaintiff and issued an IOU to the plaintiff on the spot. However, after the repayment date, the defendant refused to repay the debt for various reasons and excuses, which seriously damaged the legitimate rights and interests of the plaintiff.

We now appeal to the court to order the defendant XXX to repay the plaintiff XXX RMB X million and pay interest to safeguard the plaintiff's legitimate rights and interests.

I am here to convey

XXXX people's court

Plaintiff: xxx

XXXX year x month XX day

Attachment: 1. X copies of this indictment (the number of copies is determined according to the number of defendants);

Two, a copy of the evidence (IOUs as evidence);

What is the prosecution process?

1. In general, the following materials should be submitted when suing:

(1) One original indictment, with copies submitted according to the number of defendants;

(2) Qualification certificates of the parties (including plaintiff, defendant, third party, etc.). );

(3) evidence that the court has jurisdiction;

(4) Other evidence.

2. Payment of legal fees

The legal fees shall be paid in advance by the plaintiff at the time of prosecution, and shall be determined according to the circumstances of the case after the case is concluded. If the defendant loses the case, the defendant will bear all legal expenses; If both parties win or lose the case, the legal fees shall be shared by both parties or determined by the court.

Step 3 test

(1) Trial time

The legal time limit for the first trial is 6 months, and that for the second trial is 3 months. Generally, there is nothing too serious, and the results will be obtained in 3-4 months.

(2) materials that should be provided as much as possible during the trial.

(1) Loan agreement or IOU;

(two) the loan relationship has a guarantor, and provide a guarantee certificate;

(3) proof of payment and receipt of both borrowers and borrowers;

(4) Proof of the purpose of the debtor's loan;

(5) Proof that the debtor should pay interest;

(6) If there is no interest agreement, the creditor requires the debtor to pay the overdue interest, or the interest-free loan on an irregular basis has not been repaid after being urged, and the creditor requires the interest to be paid after being urged, there shall be evidence that it has not been repaid due or after being urged;

(7) If the debtor's whereabouts are unknown, there should be relevant evidence to prove the authenticity of the creditor's rights certificate and pay off the debt;

(8) Payment and interest payment vouchers.

(3) Judgment

The court made a judgment based on the facts.

(4) implementation

After the judgment is made, it should be enforced in the court within 2 years after the judgment takes effect, so that the court can directly check the other party's property without enforcement. If the other party fails to execute it, under normal circumstances, the bailiff can detain the other party, usually once a year, once 15 days.

What if the company owes money?

(1) Consultation

When the company owes money, the first choice is negotiation, which saves time and effort.

(2) Request for payment order

Payment order refers to a legal document made by the people's court to urge the debtor to perform certain obligations according to the application of creditors.

There are certain conditions for the court to issue a payment order to the debtor:

1, requesting the debtor to pay money or securities;

2. The money or securities requested for payment have expired, the amount has been determined, and the facts and evidence on which the request is based have been stated;

3. There is no other debt dispute between the creditor and the debtor;

4. The payment order can be served on the debtor.

(3) Prosecution

If the other party disagrees after the payment order is issued, then you can only choose to sue. The lawsuit of the company's arrears is applicable to the ordinary procedure of civil first instance in China.

How to write an indictment if you owe money? 2. How to write an indictment if you owe money?

Plaintiff XXX (state your name, gender, date of birth, work unit or occupation, residence, telephone number and ID number, etc. ).

Defendant XXX (write as above, don't write if you don't know, but you must state your name, gender, age and address).

Litigation request:

1, and ordered the defendant to immediately pay the amount of money owed to the plaintiff of XX yuan only;

The defendant shall bear the expenses of this lawsuit. Facts and reasons: (write down the specific facts of legal relationship, the time, place, reason and specific process of the dispute. Relevant evidence and sources, the nature, consequences and civil liability of the defendant's behavior, etc. ) For example, on XX, XX, the defendant purchased (name, quantity and amount of goods) from the plaintiff, and the defendant promised to pay later, but never paid. After repeated reminders from the plaintiff, the defendant issued an IOU to the plaintiff on XX, XX, but today the defendant still delayed payment for various reasons. To sum up, the defendant has not paid the money owed to the plaintiff so far, which has infringed on the legitimate rights and interests of the plaintiff. Therefore, according to the relevant laws and regulations, the defendant filed a lawsuit in the people's court, pleading for the judgment to support the plaintiff's claim.

This is:

XXX District People's Court of XXX City

Attachment: A debit note issued by the defendant to the plaintiff.

Prosecutor: XXX (signature or seal)

XXXX，XXXX，XX，XX

Second, the process of not paying back money to the court.

There are five steps in the process of suing the court for not paying back the money. The ordinary procedure will end in six months. According to the provisions of China's Civil Procedure Law, if a creditor requests the debtor to pay money or negotiable securities, he may apply to the grassroots people's court with jurisdiction for a payment order if the following conditions are met: there is no other debt dispute between the creditor and the debtor; A payment order can be served on the debtor.

The general procedure of prosecution is as follows:

1, write an indictment;

2. Take the evidence and the indictment to the court to file a case and pay the legal fees;

3. The court will hold a hearing after examining and confirming the acceptance;

4. Court decision;

5. Execute the judgment.

Trial time of civil cases: summary procedures should be concluded within 3 months.

Third, what should I pay attention to when I owe money?

1. Investigate each other's financial situation. As the saying goes, those who are not afraid of not paying back the money are afraid of death. Such people are generally unreasonable, and asking for money is not fatal. If that's the case, you'll never get money in your life, so you'd better know each other's financial situation and grasp their property trends first, so as to know whether the other party has the ability to repay.

2. Collect valid evidence that the other party borrowed money. Such as telephone recording, borrowing, etc. , are proof that there is a loan relationship between them. Without these effective proofs, it is hard to say whether it will succeed in the end.

3. The preparation for non-repayment of debts is to inform the other party in writing or other forms, give the other party a certain preparation time, and tell the other party what measures will be taken if the debt is not repaid after the time. Of course, they can't intimidate, or they will violate the laws and regulations of the country.

How to write an indictment if you owe money? 1. 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; This requires the plaintiff to submit relevant evidence to prove the legal relationship, such as IOUs or IOUs, sales contracts, lease contracts, settlement lists, outbound orders, delivery notes, SMS WeChat content, telephone recording, etc.

(2) Having a clear defendant; Basic information such as the defendant's name (name on the ID card), age, home address and telephone number. It's best to provide the defendant's ID number, otherwise it can't be delivered, and the court will let you withdraw the lawsuit or dismiss it. So when we do business, we must remember to ask each other's identity information. Some courts require the plaintiff to provide a copy of the defendant's identity card. Lawyer Gong Junfeng believes that the court is wrong in doing so, which violates the provisions of the registration system and the Civil Procedure Law.

(3) Having specific requests, facts and reasons; The required items must be clear, such as how much the defendant is required to return the plaintiff's principal, or how much the loan, or the payment for goods, or the labor cost, or the project cost. Facts and reasons can be simply stated clearly, without lengthy discussion. The indictment should be limited to two pages.

(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. The type of case belongs to the scope of acceptance by the people's court and belongs to the jurisdiction of the prosecution court. Generally, it is under the jurisdiction of the court where the defendant is located, and both the plaintiff and the defendant of the sales contract and private lending have jurisdiction. Therefore, it is better to actively seek evidence to facilitate their own litigation.

Second, the number of copies of the indictment and evidence

The indictment should be prepared according to the principle that the number of defendants is increased by one. If there are two defendants, you need to prepare four indictments, give three to the court and keep one for yourself, and the corresponding evidence is the same.

Third, filing and acceptance.

Under normal circumstances, the materials are fully prepared and can be filed in the filing court. If special circumstances meet the conditions for prosecution, it shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.

Fourth, litigation costs.

According to the amount of claims, the litigation fees paid to the court are different, such as 654.38+10,000 yuan for claims, 1 150 yuan for summary procedures and 2,300 yuan for ordinary procedures.