What should I do if I don't have the other party's address to go to court?

What should I do if I don't have the other party's address to go to court?

What if you go to court to sue without the other party's address? With the popularization of education, the level of legal knowledge is deeply rooted in people's hearts. More and more people know the law and abide by it, and learn to use legal knowledge to protect themselves. What if the following share goes to court to sue without the other party's address?

What if you go to court to sue without the other party's address1i. What if you sue for arrears without an address?

You can't sue for arrears without an address. Because the court can't determine the identity and address of the defendant, it can't serve legal documents on the defendant and can't hear the case normally.

It is the plaintiff's obligation to provide the defendant's address information. Therefore, if the plaintiff cannot provide the detailed address and contact information of the defendant, the court will think that there is no clear defendant and will not file a case.

Article 119 of the Civil Procedure Law: 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 12 1 of the Civil Procedure Law: A complaint shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.

Article 209 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC): If the information provided by the plaintiff about the defendant's name and address is specific enough to distinguish the defendant from others, it can be determined that there is a clear defendant.

If the defendant's information listed in the indictment is insufficient to identify the defendant clearly, the people's court may inform the plaintiff to make corrections. If the plaintiff is still unable to determine the defendant after making corrections, the people's court shall rule that it will not be accepted.

Second, what if I don't pay back the money?

(1) Try to keep the evidence that the other party owes money. If there is no evidence, you can add an IOU or IOU to explain that the purpose of borrowing money is legal;

(2) Ask for money after obtaining evidence. If the other party has no money, it can negotiate to pay debts in kind;

(3) If the amount is large, the other party has no intention to repay and wants to breach the contract, you can consider civil prosecution. If the amount is huge, you can call the police, and the other party may be suspected of fraud.

Article 2 of the Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases stipulates that when a lender files a lawsuit in a people's court, it shall provide creditor's rights certificates such as IOUs, receipts and IOUs, as well as other evidence that can prove the existence of the legal relationship between lending and borrowing.

Third, the process of not paying back the money.

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. The ordinary procedure will end in six months.

What should I do if I don't have the other party's address to go to court? 2. What if the suing creditor has no address?

(1) If you owe money and don't have an address, you can make an appointment with a lawyer to guide you to collect evidence, and then go to the court to confirm your creditor's rights in time, so as not to exceed the limitation of action.

(2) 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. The ordinary procedure will end in six months.

Second, is the money owed still a procedure?

(1) Pay 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.

(two) in general, the following materials should be submitted when the prosecution.

(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.

(3) Evidence to be submitted for disputes over private lending.

(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.

Third, what should I do if I don't owe money?

(1) If the debt is not repaid, you can choose to sue, provided that there is evidence and it is within the limitation of action.

(2) Evidence may include IOUs, audio recordings, payment vouchers, etc. And IOUs are originals and cannot be altered or copied.

(3) If the repayment date is indicated, the limitation of action shall be within two years from the date of maturity of the IOU; If there is no repayment date, you can ask for repayment at any time, within two years from the date of the first recovery.

(4) After the judgment of the court, if the other party cannot apply to the court for enforcement, it may seize the debtor in bad faith. If the debtor dies, he can pay off from his estate.

If the parties sue without IOUs, they can choose other things as evidence, such as recording, payment vouchers and so on. In other words, IOUs do not exist as the only evidence in IOUs litigation, and their probative power is definitely stronger than other evidence.

What if you go to court to sue without the other party's address? 3 I don't know if the other party's address will affect the filing?

Only the specific circumstances of the defendant can be used for prosecution, including the address. If the address is unknown, the litigation documents cannot be served. Although the plaintiff does not know the detailed address, he knows the approximate address. If the court can find out clearly, the court will accept it. If it cannot figure it out, it will refuse it.

Article 1 19 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that 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 21 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that it shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled. If the domicile and habitual residence of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.

Article 22 of the Civil Procedure Law of People's Republic of China (PRC), the following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence:

(a) the identity litigation filed against people who do not live in the territory of People's Republic of China (PRC);

(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;

(3) A lawsuit against the person who has taken compulsory education measures;

(4) Proceedings against prisoners.