In the life, hard to avoid has kin friend to lend money when economy is difficult, this moment always can make a person embarrassed, if be to have,borrow have still nod fortunately then, if encounter,say to get give an extravagantly colourful description, when returning money all sorts of paying no attention to of the person, again ripe relation also can rip turn against, be troubled by even on court. Say to encounter those who owe money to be not returned with everybody below, demand repayment the court sues flow is how knowledge, give the friend of need fulcrum court.
One, demand repayment is the court sues flow how?
The first pace: Application
Produce ruling and the civil judgment of legal effectiveness, criminal court decision, ruling, party must be fulfilled. Of one party repudiate, the the opposing party can apply for to carry out to people court, also can move by the judge send the member that carry out to carry out.
To the adjudication of the arbitral orgnaization that establishs lawfully, of nonperformance of one party party, the the opposing party is OK to jurisdictional people court applies for to carry out. Suffer the people court of application to ought to be carried out.
Gift lawfully to the notary organization the creditor's rights writ that carries out effectiveness compulsively, of nonperformance of one party party, the the opposing party is OK to jurisdictional people court applies for to carry out, suffer the people court of application to ought to be carried out. Writ of notarial creditor's rights has a mistake truly, people court ruling does not grant to carry out, mix party of both sides of ruling book service notary organization.
The 2nd pace: The court is accepted
Person of party, interests thinks executive behavior is lawbreaking of the regulation, can raise written objection to the people court that is in charge of carrying out. Person of party, interests raises written objection, since the day that people court ought to get written exception oneself examine inside 15 days, reason holds water, ruling cancel perhaps corrects; reason not to hold water, the ruling is rejected.
The 3rd pace: Apply for to reconsider
Person of party, interests is right ruling disaffected, can rule court of people of on 10 days of introversion since the day of service one class applies for to reconsider oneself. People court receives the day that applies for executive book to remove more than 6 months to was not carried out oneself, it is OK that application executes a person up court of one class people applies for to carry out. Classics of court of people of on one class is examined, can instruct courtyard of protoplast civil code to be carried out inside proper time, the decision is carried out by this academy or also can dictate courtyard of someone else civil code is carried out.
In executive process, case alien is right of executive mark raise written objection, since the day that people court ought to get written exception oneself examine inside 15 days, reason holds water, ruling break down is right of this mark executive; reason does not hold water, the ruling is rejected. Case alien, party refuses to obey to the ruling, think original court decision, ruling is wrong, according to tries those who have nothing to do to monitor deals with; and original court decision, ruling, can rule the sun of service rises to lodge a complaint of indrawn people court 15 days oneself.
The 4th pace: Issue executive announcement to person be executived
The member that carry out receives application to carry out a book to perhaps turn over executive book, ought to issue executive announcement to person be executived, instruct its to be in appoint during fulfill, of nonperformance of exceed the time limit, carry out compulsively. What copy clerk of law of nonperformance of person be executived decides is compulsory, hide likely, transfer property, the member that carry out can be adopted instantly implement measure compulsively.
The 5th pace: Adopt coercive measures
Adopt when implementing measure compulsively, the member that carry out ought to show certificate. Carry out after ending, ought to make executive case note, be signed by present concerned staff or affix one's seal. Executive court can adopt the measure that implements compulsively below: Inquiry, freeze, the deposit; that transfer is applied for to execute a person is detained, the income; that draws person be executived by application closes down, the distrain, auction, belongings; that sells off person be executived by application ransacks to be applied for to carry out a person to hide.
2, demand repayment is the court sued what evidence should gather?
(One) IOU
Generally speaking, use at the IOU of the strongest evidential nothing is more... than that demand repayment, its out lends money the hand of one party, have the signature of the other side, regard a book as card, provide effectiveness extremely.
(2) testimony of a witness
In case cognizance, the other side can have qualitative card to evidence of one's own side, to assure sufficient sex of evidence and no risk at all, finding testimony of a witness is indispensable. If lend money from time to tome someone else is attendant testimony, can find these people to have a proof to creditor's rights so.
(3) evidence of belongings of the other side
Ultimate goal of lawsuit is to take the money that lends, but many people to dodge the creditor, can transfer oneself property him to be in. According to " contract law " the 74th the 1st section provision, creditor is OK the behavior of the debtor of cancel, it is to abandon expiring the behavior; of creditor's rights 2 it is the behavior; that free transfers property 3 it is the behavior that transfers property with apparently unreasonable low. Do not return the case of belongings to avoid to take, be about the evidence of belongings of move of collect the other side counterpoises with exercise cancel.
3, the relevant law provision that about demanding repayment the court sues
1, active " civil code general rule "
The lawsuit that to people the court requests the 135th to protect civil rights is 2 years during effectiveness for a given period of time, law has formulary except additionally.
During effectiveness for a given period of time of the 137th lawsuit from know or ought to know the right by consideration has when enroach on. But, benefit of as a matter of expediency by enroach on sun rises more than 20 years, people court does not grant to protect. Have special case, during people court can extend litigant effectiveness for a given period of time.
During the 138th exceeds litigant effectiveness for a given period of time, party fulfills of one's own accord, do not accept restriction of litigant effectiveness for a given period of time.
Effectiveness for a given period of time of the 140th lawsuit 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.
2, newest " code of civil law "
Debtor of request of the 214th loan gives pay money, negotiable securities, accord with following condition, can to court of jurisdictional basic level people applies for to pay your:
(One) the;(that creditor and debtor do not have other dispute over obligation 2) pay your can of service debtor.
Requisition ought to mention expressly request to pay money or the fact of the amount of negotiable securities and place basis, evidence.
After the 215th creditor offers application, people court ought to inform inside 5 days whether creditor is accepted.
After court of the 216th people accepts application, via examining the fact that creditor offers, evidence, clear to relationship of creditor's rights debt, lawful, indrawn debtor ought to rise 15 days to give out those who pay your; not to apply for to hold water in accepted day, the ruling gives reject.
Debtor ought to be received oneself pay the 15 inside day pay off since made day debt, perhaps raise written objection to people court.
Advanced money sets debtor during not demur nonperformance pays those who make, creditor can apply for to carry out to people court.
After court of the 217th people receives the written objection that debtor raises, via examining, demur holds water, ought to rule terminative supervise and urge program, pay your active failure.
Pay your invalidation, turn into proceeding, but application pays made one party party different idea the except of to lodge a complaint.
The 232nd citizen that serves as person be executived dies, return debt with its bequest countervail. As the legal person of person be executived other perhaps organization stops, by its right obligation bears the person fulfils obligation.
a stupid person has one of following state seventeen times, people court ruling is terminative carry out:
(One) the;(that applicant cancel applies for 2) according to with executive legal copy clerk by the;(of cancel 3) the citizen that serves as person be executived dies, can offer without bequest carry out, the;(that assumes a person without obligation again 4) recover solatium, bring up cost, cradle the;(that the obligee that expends a case dies 5) because the citizen that serves as person be executived is badly off insolvent loan, without income source, the;(that loses labor ability again 6) people court thinks ought to terminative the other state that carry out.
18 break down mix a stupid person terminative executive ruling, after service party instantly become effective.
When encountering the other side to borrow money to still do not need to want to return money through lawsuit, notice to gather relevant evidence even while understanding sues flow, ability wins lawsuit, seek money.
Above information Wu of You Mobang law is small make up arrange an editor, offer reference. If you still have other legal issues, the welcome seeks advice from us the lawyer of Wu of law of 10 thousand state.
