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How to sue people who don't pay back in court?
1. Preparation of prosecution materials: You need to prepare the complaint, evidence materials, power of attorney and other related materials.
2. Submit the complaint: submit the complaint and other materials to the local people's court and pay the litigation fees.
3. Waiting for acceptance: The court shall examine the prosecution materials, accept them after confirming that they meet the conditions for prosecution, and notify the defendant.
4. Trial: The court will conduct investigation and trial according to the indictment and evidence materials, and listen to the statements and debates of both parties.
5. Trial ruling: The court makes a judgment according to the facts of the case and legal provisions. If it is determined that the defendant should repay the loan, it will be enforced.
The information required to sue a person who fails to repay the loan to the court is as follows:
1. Loan contract: the loan contract signed with the defendant should be provided, which should include the loan amount, loan term, interest and other relevant clauses;
2. Loan voucher: It is necessary to provide vouchers to prove the loan facts, such as bank transfer records, receipts, IOUs, etc.
3. dunning evidence: evidence that needs to prove dunning and collection, such as SMS, telephone recording, collection letter, etc.
4. Identity certificate: the identity certificates of the plaintiff and the defendant, such as ID cards and passports, are required;
5. Other supporting documents: If collateral is involved, it may be necessary to provide corresponding collateral supporting documents.
To sum up, it is necessary to meet certain conditions and procedural requirements to sue for non-repayment, and it is also necessary to prepare sufficient evidence materials, such as loan agreement, transfer records, receipts or other relevant evidence. In the process of prosecution, we should pay attention to the collection and collation of evidence in order to better prove our demands. At the same time, when it comes to litigation, we should pay attention to abide by the corresponding legal provisions and procedural requirements to ensure the smooth progress of litigation.
Legal basis:
Article 124 of the Civil Procedure Law of People's Republic of China (PRC)
The 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.
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