Online declaration procedure for non-repayment of arrears

Online declaration procedure for non-repayment of arrears

In fact, there are many people who owe money online and don't pay it back. In real life, if someone defaults on his debts and fails to repay them on time, it is necessary to know the corresponding prosecution requirements if he wants to pursue his legal responsibility with the court. The following is the online declaration process for not paying back the money.

Online filing without repayment process 1 1. What is the online filing without repayment process?

"Online filing" refers to a convenient way for the court to accept the complaint of first instance civil and commercial cases and related litigation materials or application execution documents submitted by you through the Internet, and conduct online review. After preliminary examination, if your materials are complete, the court will agree with you on a specific time to file a case, so as to avoid your repeated travel.

With the rapid development of the Internet, it is now possible to file a case online when going to court. Today, I will tell you about the process of filing a case online. There are roughly six steps:

First, log on to the court website, and click Online to file a case.

Two, the parties or agents click "create online filing" to enter the online appointment registration interface.

Third, after the voucher is logged into the system, the court of first instance, the case type and the specific cause of action shall be selected according to the current laws and regulations in China.

Fourth, we should accurately fill in the amount of the subject matter of litigation, the type of execution, the basis of execution and the document number of the basis of execution.

Fifth, after the parties or agents fill in the identity information, they upload the complaint or application, identity certificate, entrustment procedures and necessary evidence materials as required. After completion, you can click "Submit" to make an online appointment for filing.

Step 6: After the online appointment application is approved, the parties or agents shall bring written prosecution or application materials to the appointment filing court for filing procedures within the specified time. The above is the online filing process of the court.

Second, can I call the police if I owe money?

The situation of not paying back the money is a civil dispute, which is not under the jurisdiction of the public security organs and cannot be handled by the police. However, the parties may settle the debt dispute through consultation. If negotiation fails, a lawsuit can be brought to the people's court and the dispute can be resolved through the people's court.

Relevant laws and regulations: Article 3 of the Civil Procedure Law stipulates that the provisions of this law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them for property relations and personal relations.

Article 21. A civil action brought against a citizen 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.

For those who owe money and don't pay it back, the case will be tried on the basis of evidence. Of course, a large amount of evidence should also be prepared, and it is necessary to ensure that the information filled in on the court website is error-free and that the personal information is consistent with the person.

Online filing process of not paying back the money and arrears 2 First, determine the competent court.

The prosecution must first figure out which court to go to, and the technical term is to determine jurisdiction. Usually, the case will be submitted to the people's court where the defendant is located. The defendant's location is divided into two types: habitual residence and domicile. I personally suggest which one to choose.

What if they are all far away?

You can choose to bring a lawsuit to the people's court where the plaintiff is located. According to Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, the place where the party receiving the money is located is the place where the contract is performed. Article 23 of the Civil Procedure Law also stipulates that "a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed." Now ask the other party to pay back the money, then you are the location of the party who received the money, and of course you can sue in the people's court where you are the plaintiff.

Second, write a complaint.

If the complaint is written by a lawyer, it may cost hundreds of thousands, but the complaint in private lending cases is relatively simple. I'm sure you can write it with a little dialing.

The first line is the five characters of the civil complaint, and the rest is divided into three parts.

Part I: Identity information of both parties. The plaintiff's name, gender, date of birth, address, ID number and telephone number. So is the defendant.

Part II: Your request, you can choose from these three (you can choose more than one, or you can make a request at the same time):

(1) Request the court to order the defendant to pay the loan principal of XX yuan.

(2) If there is a fixed interest calculation standard requesting the court to order the defendant to pay the loan interest of XX yuan, one sentence can be added (based on XX yuan, the annual interest rate is calculated at XX yuan from the date of borrowing to the date of actual repayment, and it is temporarily calculated at XX yuan until the date of prosecution. ), if there is no agreed interest, you can write (based on XX yuan, calculated at the quoted interest rate of one-year loan market from the date of prosecution to the actual repayment date, and temporarily calculated at XX yuan from the date of prosecution. )

(3) The litigation costs in this case shall be borne by the defendant.

Part III: Facts and reasons.

Just write a general idea of what happened. Usually write about the relationship between the original defendant, why borrowed money, when and where, how much money was given to the other party, whether the other party issued an IOU, whether it was repaid, and so on.

Indicate the date of the last signature.

Prepare the evidence materials below.

The evidence mainly proves two points: first, the loan is satisfactory, and second, the payment voucher.

The so-called loan agreement is the materials he borrowed from you, such as WeChat, SMS chat records, telephone recording, IOUs, IOUs, etc.

The so-called payment voucher is the material you gave him money, such as transfer records, bank accounts, receipts, witness testimony and so on.

If there is more evidence, make up a serial number and write a list of evidence.

register

When the complaint is written and the evidence materials are ready, you can go to the court to file a case. Before going, you need to prepare the complaint and evidence materials in triplicate (in quadruplicate if there are two defendants, and so on), and then you need to bring your ID card and a copy of your ID card. If you sue in the court where the plaintiff is located, you need to prepare the original and copy of your account page.

If the case is filed on the spot, masks and health codes are also essential during the epidemic. Check the health code and ID card in court, go to the litigation service hall after security check, and then queue up to get the number until you deliver the materials and fill in the procedural documents such as confirmation of delivery address as requested by the judge and sister.

If the court is far away, you can also file a case online.

Taking Nanjing as an example, online filing is to file a case in the online litigation service center of Nanjing Intermediate People's Court.

Enter the post-election party channel, log in again after registration, and still choose the party channel.

Then the first step is to click on the filing application in the upper left corner, and then click on the reading below to agree with the risk warning.

Then click on the civil first instance filing application.

In the pop-up dialog box, select the court and cause of action to file a case.

After confirmation, you can go to the place where the materials are uploaded, upload the complaint, the plaintiff's identity certificate, that is, ID card, household registration book and evidence materials, fill in a confirmation of the delivery address, fill in the basic information of the original defendant on the right, fill in the required items with an asterisk, and the rest doesn't matter. Then check the following three items and you can submit them to the court for review.

After the approval, you can mail the prepared materials and contact the filing court in time to understand the progress of filing the case. The telephone number of filing court can be inquired through 12368 manual service.

After filing the case, the court will inform you to pay the fee, and pay the fee within seven days according to the notice of payment, otherwise the lawsuit will be withdrawn.

After the case is successfully filed, waiting for the trial, and now some courts will organize mediation. Mediation is an art of compromise. You can choose to let interest, principal or grace period. Mediation is faster than judgment, and there is no requirement for evidence. If the evidence is not so sufficient, you can consider it.

open a court session

In fact, the hearing is to follow the judge's procedure. First of all, the judge read out the discipline, the rights and obligations of both parties, and whether to apply for withdrawal. If it is believed that the defendant has relations with judges, clerks and jurors, which may affect a fair trial, an application may be filed.

Then the plaintiff reads the complaint, and then the defendant pleads.

Then the plaintiff's proof is to read the name and purpose of the evidence and submit the original to the court. If it is electronic data, it will be submitted to the original carrier (usually a mobile phone). Then the defendant cross-examined.

Then the judge will ask both sides and finally summarize the focus of the dispute.

The two sides debated around the focus of the dispute. Simple cases of private lending are actually nothing to argue about, usually just reasons and facts of repeated borrowing.

Then make a final statement. Usually it is a request to support the plaintiff's claim according to law.

Recess, read the transcript and sign it.

After you get the judgment, you can apply for execution after it takes effect.

carry out

It's simple to implement. After the judgment comes into effect, if the performance period determined by the judgment expires and the other party still fails to pay you all the money, you may apply to the court for execution.

For similar prosecutions, you need to prepare an application for execution, a copy of your ID card, the original and a copy of the judgment.

The format of the application for enforcement is similar to that of the indictment.

The first line is seven Chinese characters for applying for enforcement, and the rest is divided into three parts.

Part I: Identity information of both parties. Name, gender, date of birth, address, ID number and telephone number of the applicant. The same is true of the respondents.

Part II: Your request. It was the judgment that copied the text of the judgment.

Part III: Facts and reasons. The court made a judgment on the date and case number, and now the time limit for performance has expired, and the respondent has not fulfilled it, so he applies to the court for execution.

Indicate the date of the last signature.

Then go to court and go through the process like filing a case.

Just wait for the judge to inform you to collect the money

It doesn't matter if the defendant maliciously refuses to perform the property transfer, let the executive judge put him on the list of dishonesty and limit high consumption. By the way, judicial custody will have 15 days to make him happy!

On limitation of action

Many people may not know much about the statute of limitations. Simply put, after this time, the debt will expire and the court will not protect it. According to the Civil Code, the limitation of ordinary litigation is three years, counting from the day when the obligee knows or should know that the right has been damaged.

To put it bluntly, if there is a specific repayment time, it is three years from the date of expiration of the repayment period; If there is no specific repayment time, the IOUs will be counted for three years from the date of issuance, regardless of IOUs. But if you recover the money from the other party within three years, it will be three years from the time of recovery. So be sure to keep the evidence of the reminder.

Don't be afraid if three years have passed. As long as the other party reissues the loan or agrees to repay the loan, it can start counting for three years again. You do it.

Even if the loan is not reissued or the repayment is agreed, the court cannot actively apply the statute of limitations, and the defendant needs to take the initiative to file a case. Therefore, if the defendant can't find it, the court can still get support even if the statute of limitations expires.

Protect from harm

Our lawyers like to use it very much. When they sue, they apply to the court to freeze the other party's property, so as to avoid scaring the other party to transfer the property after the prosecution, which leads to winning the lawsuit and losing the money. However, the preservation needs to pay an additional preservation fee and provide a guarantee to the court. If the loan amount is not large, it is recommended not to spend any money.

The process of filing a case online if you owe money. 3. How to sue people who owe money online and how to operate?

Failure to pay back the money owed is a civil dispute over lending, which belongs to the jurisdiction of the court and does not belong to the jurisdiction of the public security organ.

If the other party owes money, there are two ways to seek relief from the court:

1, file a lawsuit and write a complaint to the court for the record;

2. You can also apply to the court for a payment order to protect your rights. Application for payment order is called supervision procedure in litigation, which applies to monetary debt and securities debt. The creditor-debtor relationship between the parties should be clear, and the creditors should have sufficient evidence, such as IOUs and IOUs. Moreover, one party simply enjoys rights, the other party simply assumes obligations, and both parties have no debts to each other.

The prosecution procedure for non-payment 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.

Second, how to collect evidence if you owe money?

1, recording. You can do some tricks, such as taking a tape recorder with you, and then recording the conversation with him as evidence in court.

2. Witnesses. It is used to prove that the agreement between your two partners in trading habits is a question of who will keep the payment. But remember, you can't get the support of your relatives and friends or people who are interested in you, because the other party can apply for these people to quit.

3. account books. It's normal to keep accounts for buying and selling, and it's the basis of dividing money to have books to prove income.

4. Partnership agreement. Prove that you two enjoy the benefits and take the risks.

5. bill. A check for business settlement. It is clear who received it. Unless the other party can provide evidence to the contrary to prove that he did not accept it.

6. You can apply for pre-litigation property preservation first, seal up the other party's account, and prevent the other party from transferring assets.

Third, what is the prosecution process for not paying back the money?

The prosecution process is as follows:

1. Write a complaint first, file a case, pay the fee, and the court will notify the other party to respond, appoint a court session, hold a court session, and mediate the case. If mediation is not possible, a judgment will be made. After 15, neither party appealed the judgment and applied for enforcement.

2. In case of IOUs, and the time for writing IOUs has not exceeded two years, you can directly sue the other party for repayment. If there is an agreed date, it can be postponed for two years.

3. Try to collect evidence without debt. Text messages, recordings of debt collection, testimony and evidence provided by third parties when borrowing money. Evidence must be verified before it can be used as a basis for ascertaining facts.

4. The trial time of civil cases is: the summary procedure is concluded within 3 months, and the ordinary procedure is concluded within 6 months.

5. If the other party has deposits or other items, he can choose to apply for litigation preservation: First, he can request the court to seal up and freeze.

Audio recordings, witness statements, account books, partnership agreements, bills, etc. It is the most important evidence that the creditor applies to the court for repayment of the debtor. If the amount involved is huge, you can first apply to the court for litigation property preservation, seal up the other party's account and prevent the other party from transferring assets.