Joke Collection Website - Public benefit messages - I was cheated to buy a mobile phone in installments, but I didn't return it in the end. Can I call the police?
I was cheated to buy a mobile phone in installments, but I didn't return it in the end. Can I call the police?
This situation will generally be recognized as private lending, and the alarm will generally not be accepted. It is suggested that if the situation is not serious, priority should be given to negotiation and communication to ask for a refund. If negotiation fails, they can find each other's personal information, go to court and ask them to pay back the money.
What are the procedures for civil prosecution?
1, sue
That is, submit a complaint to the court filing chamber with jurisdiction.
2. Filing a case for review
In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible. If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days. After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution.
3. Arrange the court session time
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.
Step 4 hold court sessions
Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.
Court investigation: the parties state the facts of the case.
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials.
Court debate: the two sides debate and demonstrate controversial facts and legal issues.
Court mediation: Under the auspices of the court, both parties agreed to settle the dispute. If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling).
5. Sentences
If you agree to the judgment, the parties will automatically perform the obligations specified in the judgment document or apply to our court for execution;
If there is disagreement with the referee, it needs to be treated differently according to the situation:
Ruling: appeal to the higher people's court within 10 days from the date of service;
Judgment: Appeal to the Higher People's Court within 15 days from the date of service.
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