We know, be in debt the perfectly justified that return money, but always be meeting somebody owes money to be not returned, no matter be individual or company, it is OK to encounter this kind of situation to lodge a complaint, so we need to understand the legal knowledge of respect of dispute over obligation, so how is indictment of individual and company dispute over obligation written? Is individual dispute over obligation sued what should notice?
One, how are individual and indictment of company dispute over obligation written
(One) debenture Wu indictment
Accuser is such-and-such (mention expressly the natural condition) such as ground of unit of day of your full name, sexual distinction, birth date, job or profession, abode, phone and Id number.
The accused is such-and-such (write a law Alexandrine, do not understand can not write, but full name, sexual distinction, age and address must mention expressly)
Litigant request: 1, sentence your the accused to pay place to owe RMB of accuser payment for goods instantly Xx yuan whole;2, by the accused burden this second litigation expenses.
The fact reachs ground:
(Impact of the legislation that write Qing Dynasty puts the specific fact that be in, produce the time of dispute, place, reason and specific course. Relevant evidence reachs origin, the property of the accused behavior, consequence and the civil responsibility that should assume wait a moment) be like: Xx year day of X month X, the accused is such-and-such in accuser such-and-such place is bought (goods name, amount and amount) , although the accused is affirmatory pay subsequently but outstanding all the time, classics accuser is urged for many times after should, the accused just at Xx year day of X month Xx issue a bill signed in acknowledgement of debt to accuser a piece, however when to now the accused still with a variety of reason protracted, do not grant to pay. On put together, the accused still does not pay place to owe payment for goods to accuser up to now, encroached the legitimate rights and interests of accuser, set according to relevant law especially for this, offer suit to people court, adjure a court decision to support the litigant request of accuser.
This shows: Court of such-and-such division people adds such-and-such city: The accused Xiang Yuan accuses issued bill signed in acknowledgement of debt a piece.
Prosecute a person:
Such-and-such (autograph or affix one's seal)
Xxxx year day of Xx month Xx
(2) individual liabilities indictment
Accuser: ) of Xxx(full name, ) of Xxx(sexual distinction, xxxx year day of Xx month Xx, the Han nationality, literacy rate Xxxx, working unit Xxxx, position Xxxx, address: Xxxxxxxxxxxxxxxx
The accused: ) of Xxx(full name, ) of Xxx(sexual distinction, ) of Xxxx(full name, xxxx year day of Xx month Xx, the Han nationality, literacy rate Xxxx, working unit Xxxx, position Xxxx, address: Xxxxxxxxxxxxxxxx
Request item:
1, adjudicative the accused repays debt Xxx yuan reach accrual XXX yuan.
2, adjudicative the accused bears this record entire litigation expenses.
Fact and reason:
200* year day of * month * , debtor *** lends a RMB x10000 from prosecutor office yuan, write down an IOU to accuser on the spot. However, arrive after reimbursement date, the accused does not agree to repay tardy with all sorts of reason and excuse debt, its behavior damaged the legitimate rights and interests of accuser badly.
Show appeal court to adjudicate countervail of the accused XXX to return x10000 of accuser XXX RMB yuan, pay interest, close right increase in order to uphold prosecutor.
Your's sincerely
XXXX people court
Have account person: Xxx
XXXX year day of X month XX
2, individual dispute over obligation sues flow to be as follows
1, individual dispute over obligation sues flow to include to refer indictment to apply for; of put on record
2, individual dispute over obligation sues flow to include a court to give out accept announcement;
3, individual dispute over obligation sues flow to include a court to organize both sides to exchange evidence, the accused to hand over rejoin shape;
4, individual dispute over obligation sues flow to include; of sessional cognizance, qualitative card, controversy
5, individual dispute over obligation sues flow to include to announce to adjudicate result;
6, individual dispute over obligation sues flow to include to adjudicate become effective, carry out.
Undertake individual liabilities sues ongoing travel belongings to conserve, be helpful for safeguarding rights and interests, be helpful for carrying out.
3, is individual dispute over obligation sued what should notice?
1, dispute over obligation is sued, value litigant effectiveness for a given period of time
The lawsuit that requests to protect civil rights to people court is 2 years during effectiveness for a given period of time. Litigant effectiveness for a given period of time puts forward to ask or agree to fulfil obligation and be interrupted because of one party of to lodge a complaint, party. Rise from interrupt, during litigant effectiveness for a given period of time recount. For this creditor should take this seriously adequately, otherwise effectiveness for a given period of time passes, creditor's rights lost legal protection.
2, dispute over obligation is sued, take seriously during assuring
The guarantor that assures commonly and creditor did not agree during assuring, during the assurance that the money before be being mixed during the 6 months since the day that debt gives priority to to fulfil at the expiration of one's term of office during assuring, assurance that agrees in the contract sets, creditor perhaps did not apply for the arbitration to debtor to lodge a complaint, guarantor is absolved assure responsibility. This that is to say, in during person of internal debt right asks guarantor assumes responsibility not only, still must be opposite debtor to lodge a complaint or arbitration, otherwise guarantor avoids responsibility.
" assure law " the 26th regulation: "The guarantor of joint liability and creditor did not agree during assuring. Creditor has right own debt walks on friend of date of departure inside 6 months since full door, requirement guarantor is assumed assure responsibility " , " the before during assuring, be being mixed money that agrees in the contract sets during assuring, creditor did not ask guarantor assumes responsibility, guarantor is absolved assure responsibility " . This that is to say, be in during if person of internal debt right does not ask guarantor assumes responsibility, so during hind will avoid sponsorial responsibility.
3, dispute over obligation is sued, file executive time
According to the legal copy clerk of become effective, enjoy the creditor of the right, when debtor repudiate is compulsory, can request people court to be carried out compulsively lawfully, but explain censure the exercise inside the time that executive right is filing.
4, dispute over obligation is sued, do well evidence is collected
Litigant evidence has important place in civil suit, the validity that creditor proves to white oneself lawsuit requests by right of evidential ability only and lawful sex. For this, in economic activity, creditor must take seriously at ordinary times of the book card such as telex of writ, file, of all kinds treaty wording, of all kinds receipt, bill, letters save, also want to take the collection of the data of seeing and hearing such as data of material evidence and phone recording, fax seriously.
5, dispute over obligation is sued, be good at negotiating mediation
" code of civil law " the 85th regulation: "People court hears civil case. According to the principle with freewill party, on the basis that understands in the fact, distinguish wrong and right, undertake intercessory " . Substantial, wither solution is a third party appears personally mediate or persuade, facilitate produce divergent party to reconcile reach assist the method that wither settles debt. To creditor character, forensic court decision and negotiating mediation is a method, the purpose is to call in debt. Accordingly, if debtor has sincerity truly. Ought to cooperate a court to mediate. If debtor lacks sincerity, of one mind escapes debt, want to take decisive step, request court justice adjudicates.
Carry preceding part of the text, we know individual and indictment of company dispute over obligation have its basic format model for painting, dispute over obligation is sued also must note effectiveness for a given period of time, more than 2 years, creditor's rights can lose legal protection, want to take this seriously adequately.
Above information Wu of You Mobang law is small make up arrange an editor. If you still have other legal issues, the welcome seeks advice from us the lawyer of Wu of law of 10 thousand state.
