There are five steps in the process of suing the court for not paying back the money. The ordinary procedure will end in six months. According to the relevant laws and regulations, if the creditor requests the debtor to pay money or securities, it can apply to the grassroots court with jurisdiction for a payment order if the following conditions are met: there is no other debt dispute between the creditor and the debtor; A payment order can be served on the debtor.
According to the relevant regulations, 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.
Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. The prosecution of criminal cases lies in asking the court to convict and sentence the defendant through trial; Bringing a criminal incidental civil action requires the court to investigate the defendant's economic compensation liability through trial. Prosecution must be carried out by citizens or legal persons who have the right to sue in a court with jurisdiction according to law. In our country, the prosecution of criminal cases mainly refers to the prosecution of the people's procuratorate. Only when the victim is told and other minor criminal cases do not need investigation can the victim or his legal representative file a private prosecution. Civil actions incidental to criminal proceedings can be brought by the victim and his legal representative, or by the people's procuratorate and the infringed legal person.
Prosecution in the civil procedure law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name because of the infringement of his own or the civil rights and interests managed and controlled according to law or the dispute with others.
Prosecution in criminal proceedings refers to the litigation activities in which state organs and citizens who have the right to sue bring a lawsuit to the court according to law, requesting the court to hear the contents of the accusation, so as to determine the criminal responsibility of the defendant and impose criminal sanctions according to law. All kinds of cases tried by people's courts are based on the prosecution of public prosecution organs or parties. If there is no prosecution, the court will not take the initiative to hear any case. If the court accepts the prosecution and agrees to hold a trial, it is called acceptance. The establishment of the prosecution marks the beginning of the litigation trial procedure.
The jurisdiction of the court over various cases is a relatively complicated issue. In most cases, civil cases are under the jurisdiction of the court where the defendant lives. If Party A signs the money owed to Party B, depending on Party A's domicile, it will bring a lawsuit to the court of Party A's domicile. But if it is a case in traffic accident compensation, it is usually filed in the court where the traffic accident occurred. If it is a property inheritance dispute, it will be filed in the court where the property is located. In most cases, the original defendant is from the same county, and there is no jurisdiction dispute, so he can directly sue in the county court.
legal ground
Article 221st of the Civil Procedure Law of People's Republic of China (PRC), if a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
_ Article 222 After an application is filed by a creditor, the people's court shall notify the creditor whether to accept it or not within five days. _
Article 223 After accepting the application, the people's court shall examine the facts and evidence provided by the creditor, and if the relationship between creditor's rights and debts is clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court.
If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
_ Article 224 After receiving the written objection raised by the debtor, the people's court shall rule to terminate the supervision procedure and the payment order shall automatically become invalid if the objection is established after examination.
If the payment order becomes invalid, it shall be transferred to the proceedings, except that the party applying for the payment order does not agree to bring a lawsuit.