Joke Collection Website - Public benefit messages - Pay it back. How many days overdue will you sue? More than 2000 yuan has been paid back.
Pay it back. How many days overdue will you sue? More than 2000 yuan has been paid back.
There is no clear law on how long it will take to sue for overdue flowers, but after the flowers are overdue, you will usually be contacted by SMS, telephone and other forms. Inform you of repayment or advise you to repay in installments. If you are overdue for a long time or the amount is large, they can sue you in the people's court, and you can actively negotiate with them before the court session to ask them to withdraw the lawsuit. If the withdrawal fails, we should also actively respond to the lawsuit.
Legal basis:
Article 64 Burden of Proof and Authority of People's Republic of China (PRC) Civil Procedure Law The parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
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.
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.
Article 123 When a people's court accepts a case, it shall guarantee the parties' right to sue according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution 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.
Article 136 When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the court session. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced.
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