Online filing process of not paying back the money owed

Online filing process of not paying back the money owed, there are actually many people who don't pay back the money owed. In real life, if we encounter the situation that others fail to repay their debts on time, we need to know the corresponding prosecution requirements if we want to pursue their legal responsibilities with the court. The following is the online filing process for not paying back the money. 1

1. What is the online filing process of not paying back the money owed?

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

With the rapid development of the Internet, it is now possible to file a case online when you go to the 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 on the online filing.

second, the party or agent clicks "create online filing" to enter the online booking filing login interface.

thirdly, after logging into the system with the certificate, select the jurisdiction court, case type and specific cause of action for the first instance according to the current laws and regulations in China.

fourthly, the amount of litigation object, the type of execution, the basis of execution and the document number of execution basis should be accurately filled in.

fifth, after completing the identity information, the parties or agents shall 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.

the sixth step is that after the online booking application is approved, the parties or agents will bring written prosecution or application materials to the booking 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 unpaid money belongs to a civil dispute, which does not fall within the jurisdiction of the public security organ, and cannot be handled by calling the police. However, the parties may settle the debt dispute through consultation. If negotiation fails, they may bring a suit in a people's court and settle the dispute 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 where the defendant has his domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence.

a civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court of the defendant's domicile.

for those who don't pay back the money owed, the case will be tried on the basis of evidence, and of course, the evidence with large amount of money owed should be prepared, and it is necessary to ensure that there are no mistakes in the information filled in on the court website and that the personal information is in line with my own. The process of filing a case online if you owe money. 2

First of all, determine the court of jurisdiction.

You must first find out which court to go to for prosecution. The technical term is to determine the jurisdiction. Usually, the case is brought to the people's court where the defendant is located. The defendant's location is divided into two types: habitual residence and domicile. Personally, I suggest which one to choose.

what if they are both far away?

you can choose to bring a suit in 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 accepting money is located is the place where the contract is performed. Article 23 of the Civil Procedure Law also stipulates that "a lawsuit brought due to 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 place where the party receiving the money is located, and of course you can sue in the people's court where you are the plaintiff.

Secondly, writing a complaint

If a lawyer writes a complaint, it may cost hundreds of thousands, but the complaint in private lending cases is relatively simple, and I believe everyone can write it with a little bit of dialing.

The first line is written in five characters, and the rest is divided into three parts.

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

Part II: Your request, you can choose among the three (multiple choices can be made, and you can 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 for requesting the court to judge the defendant to pay the loan interest of XX yuan, one sentence can be added (based on XX yuan, it is calculated at the annual interest rate of XX yuan from the date of borrowing to the date of actual repayment, and it is temporarily calculated as XX yuan as of 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 date of actual repayment, and temporarily calculated as XX yuan as of the date of prosecution. (p > (3) The litigation costs in this case shall be borne by the defendant.

Part III: Facts and reasons.

just write a brief account of what happened. Usually write about the relationship of the original defendant, why he borrowed money, when, where and how much money he gave to the other party, whether the other party issued an iou, whether he repaid it, etc.

date of last signature.

prepare the evidence materials below

The evidence mainly proves two points: one is that the loan is satisfactory, and the other is the payment voucher.

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

The so-called payment voucher refers to the materials that you gave him money, such as transfer records, bank accounts, receipts, witness testimony, etc.

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

filing a case

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 (if there are two defendants, it is in quadruplicate, and so on), and then you need to bring your ID card and a copy of your ID card. If you are suing 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 indispensable during the epidemic. Check the health code and ID card at the court, go to the litigation service hall after the security check, and then queue up with the number until you have delivered the materials and fill out the procedural documents such as the confirmation of the delivery address according to the requirements of the judge's younger 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 at the online litigation service center of Nanjing Intermediate People's Court.

enter the post-party-selection channel, log in again after registration, and it is still the party-selection channel

then click on the filing application in the upper left corner, and then click on the reading below and agree with the risk warning

and then click on the civil first-instance filing application

in the pop-up dialog box, select the court and cause of action to be filed.

after confirmation, you can go to the place where the materials are uploaded, and upload the complaint, the plaintiff's identity certificate, that is, ID card, household registration book, evidence materials, fill in a confirmation of the delivery address, and fill in the basic information of the original defendant on the right, with the required items marked with an asterisk, and nothing else matters. Then check the following three and you can submit them to the court for review.

after 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 the filing court can be found through 12368 manual service.

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

After the case is successfully filed, the court will wait for the trial. Now some courts will organize mediation. Mediation is an art of concession. You can choose to let the interest, the principal or the grace period. Mediation is faster than judgment, and there is no requirement for evidence. If the evidence is not so sufficient, it can be considered.

hearing

hearing is actually following the judge's procedures. First, the judge read out the discipline, the rights and obligations of both parties, whether to apply for withdrawal, etc. If you think that the defendant has a relationship with a judge, a clerk or a juror that may affect a fair trial, you can apply.

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

Then the plaintiff gives evidence by reading out the name of the evidence and the purpose of proof, and at the same time submitting the original to the court, and if it is electronic data, submitting the original carrier (usually the mobile phone). Then the defendant cross-examined.

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

the two sides debated around the focus of the dispute. In a simple case of private lending, there is actually nothing to debate, usually just repeating the reasons and facts of borrowing.

then the 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.

Execution

Execution is simple. After the judgment comes into effect, if the performance period specified in the judgment expires and the other party still fails to give you all the money, you can apply to the court for execution.

similar to prosecution, 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 an application for enforcement is similar to that of a complaint.

The first line contains seven characters of the application for compulsory execution, 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 respondent.

part ii: your request. It is the judgment that copies the main 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.

date of last signature.

then go to the 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 transfer of property. Let the executive judge put him on the list of dishonesty, limit high consumption, and let him have a good time in judicial custody for 15 days!

Talk about the limitation of action

Many people may not know much about the limitation of action. Simply put, it means that the debt will expire after this time, and the court will not protect it. The civil code stipulates that 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 and the obligor.

to put it bluntly, if there is a specific repayment time, it will be three years from the date when the repayment period expires; If there is no specific repayment time, the IOUs will be counted for three years from the date of issuance, regardless of the 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.

if three years have passed, don't be afraid. As long as the other party reissues the IOU or agrees to repay the loan, you can start counting for another three years. It's up to you how to do it.

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

Security

Our lawyers like to use it very much. When they file a lawsuit, 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 lawsuit and losing 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

First, how to sue people who owe money online and how to operate?

non-repayment of money owed is a civil dispute over loan, which belongs to the jurisdiction of the court, not the public security organ.

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

1. Bring a lawsuit and file a complaint with the court;

2. You can also apply to the court for a payment order to safeguard your rights. Applying for a payment order is called a supervision procedure in litigation, which is applicable to monetary debts and securities debts. The creditor-debtor relationship between the parties should be clear, and the creditor has sufficient evidence, such as IOUs and IOUs. Moreover, one party simply enjoys rights, while the other party simply has obligations, and the two parties do not have debts to each other.

The procedure of prosecution for unpaid money is as follows:

1. Write an indictment;

2. Bring evidence and indictment to the court to file a case and pay legal fees;

3. The court will hear the case after it is confirmed to be accepted;

4. Court decision;

5. execute the judgment.

Second, how to obtain 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 the trading habit is a question of who will keep the payment. But remember that it can't be supported by your relatives and friends or by people who are interested in you, because the other party can apply for these people to withdraw.

3. account books. It's normal for buying and selling to be accounted for, and the fact that there are books to prove the income is the basis of dividing the money.

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

5. Bills. A check settled in a business. It is clear who received it. Unless the other party can prove to the contrary that he didn't accept it.

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

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

The prosecution process is as follows:

1. Write a complaint first, file a case and pay fees, the court informs the other party to respond to the lawsuit, agrees on the court session time, holds the court session, and mediates the case. If mediation is not possible, a judgment will be made, and both parties will not appeal to the court for enforcement after serving the judgment for 15 days.

2. If there is an iou, and the time for writing the iou 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. If there is no debt, try to collect evidence. SMS, recording during debt collection, testimony and evidence provided by the third party when borrowing. Evidence must be verified and confirmed to be true before it can be used as the basis for ascertaining facts.

4. The trial time of civil cases is: summary procedure is concluded within 3 months, and 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 should ask the court to seal up or freeze them.

recordings, witness statements, account books, partnership agreements, bills, etc. are all the most important evidence when creditors apply to the court for repayment of the debtor's money. 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 the assets.