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How to write a good list of evidence to sue for arrears
Private lending dispute case needs evidence.
Evidence of the qualification of litigants
1. If the party is a natural person, submit its identification information, such as ID card or household registration book (a copy of the borrower's ID card shall be kept when lending money);
2. If the party is a legal person or other organization, it shall submit the original and photocopy of the industrial and commercial business license or the main registration materials such as the industrial and commercial registration list, industrial and commercial registration file, corporate registration certificate, etc. Issued by the industrial and commercial registration authority; Organization code certificate and so on. ; The identity certificate of the legal representative or person in charge, etc. ;
3. If the name of the party changes after the litigation legal relationship occurs, the changed registration materials shall be submitted in time.
4. If the other spouse is a co-defendant, proof of marital relationship (marriage certificate, etc.). ) should also be submitted.
5. If there is a guarantor, the identity certificate of the guarantor shall be provided; If the guarantor is a legal person, it shall provide the registration information, unit name, legal representative and address of the legal person.
Evidence to prove the existence of loan relationship:
1, it is best to make a list of evidence, indicating the name of the evidence, the contents of the proof, the original or copy, and the page number to facilitate the trial of the case;
2 loan contract, receipt, repayment plan, repayment commitment letter and other creditor's rights certificates;
3. Bank transfer records, WeChat transfer, Alipay transfer and other loan delivery vouchers should be provided;
3. If there is no documentary evidence such as a loan contract, other evidence such as the time, place and amount of the creditor-debtor relationship shall be provided, and irrelevant witness testimony or evidence clues shall be provided.
4. If there is a guarantor, it shall provide evidence to prove the existence of the guarantee facts, such as the guarantee contract.
5. If there is a mortgage, provide a mortgage contract; Mortgage registration procedures and relevant rights certificates;
Evidence to prove the claim
Provide a calculation list of the amount of principal and interest to be paid in the litigation request, indicating the start date, end date and interest calculation standard to avoid the judge being in a hurry when asking questions.
Evidence materials needed for litigation preservation
1. An application for litigation preservation shall be provided;
2. Property clue information under the name of the respondent (defendant) (bank account number, company equity inquiry form, real estate information inquiry form, vehicle information inquiry form, etc.). );
3. The applicant shall provide corresponding property to provide guarantee for litigation preservation.
Proof of limitation of action:
1. repayment reminder, reminder message, reminder phone recording, etc.
2. Repayment plan or repayment commitment letter issued by the debtor.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 64 Lawyers and other agents ad litem have the right to investigate and collect evidence, and may consult relevant materials of the case. The scope and methods of consulting relevant materials in this case shall be stipulated by the Supreme People's Court.
Article 63 If the authority of an agent ad litem is changed or revoked, the parties shall notify the people's court in writing, and the people's court shall notify the other party.
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