How to sue if you owe money and don't pay it back
1. Payment of litigation fees.
The litigation fee shall be paid in advance by the plaintiff at the time of filing the lawsuit, and after the case is concluded, the issue of bearing the litigation fee shall be determined according to the circumstances of the case. If the defendant loses the lawsuit, the defendant shall bear all the legal costs; If both parties win, the costs are to be shared between the parties or to be determined by the court.
II. Litigation Procedures in General.
1.Prosecution of civil litigation begins with the filing of a lawsuit, and filing a lawsuit is the act of initiating the litigation process. Writing a complaint is a technical operation to initiate the proceedings. The content should include: the basic information of the parties, the litigation claims, and the facts and reasons. The details are as follows: (1) Basic information of the plaintiff: such as name, gender, date of birth, ethnicity, work unit, address and ID number, etc. In the case of individual industrial and commercial households, the name, gender, date of birth, ethnicity, address and ID number of the owner shall be indicated. (2) The defendant's lawsuit: such as name, gender (the same as written by the plaintiff), address or workplace. Then, the claim is listed, and then the facts of the civil dispute are described in detail. The content of the facts of the civil dispute shall clearly state what the civil rights and interests dispute is, and focus on the time, place (where), process, causes, means, and consequences of the defendant's infringement; If there are witnesses or evidence, the names and addresses of the witnesses, the ** of the evidence, and the name and type of the evidence should also be clearly stated. (3) Litigation claims: The last part mainly states the request for the people's court to protect the lawful rights and interests of the plaintiff in accordance with the law. There are two main ways to express litigation claims: one is to state the specific amount of compensation and the items of compensation; The second is to require the people's court to make a judgment that the defendant bears some kind of civil liability. The determination of litigation claims should be determined according to the specific circumstances of the case. If the defendant is requested to compensate for losses, it may be written "the defendant is required to compensate the plaintiff (or the victim) for economic losses" or "the defendant is required to compensate the plaintiff (or the victim) for the losses caused by the defendant's fault." If the defendant is required to bear a certain amount of civil liability, the scope and specific methods of responsibility may be clearly stated. In addition, if the plaintiff raises two or more claims, it may be expressed in the following manner: (1) "The plaintiff requests the people's court to protect the plaintiff's following rights and interests in accordance with law: ......2) "The plaintiff requests the people's court to order the defendant to bear the following responsibilities in accordance with law: ......3) "The plaintiff requested the people's court to order the defendant 1 to perform the following obligations in accordance with law: ......2.After the people's court accepting the complaint receives the complaint, it must also review and determine whether the requirements for initiating litigation are met. If the review of the conditions for prosecution is passed, the case shall be filed within 7 days; If the review of the conditions for filing a lawsuit is not passed, a ruling shall be made within 7 days of inadmissibility. 3.After the trial and filing of the case, the people's court will organize the parties to conduct a pre-trial exchange of evidence, and the plaintiff shall fully present to the defendant the facts and reasons on which the plaintiff's claim is based, and the defendant shall raise a defense against the plaintiff's claim and the facts and reasons on which it is based. After the trial, the people's court will make a judgment in accordance with the law. 4.After the enforcement of the judgment takes effect, if the defendant refuses to perform the obligations determined in the judgment document, the plaintiff may apply to the court for compulsory enforcement. In the process of enforcement, the court shall inquire into the real estate, vehicles, deposits and other properties in the name of the debtor in accordance with the law. If the person subject to enforcement has no enforceable property in his name and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report, and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention. If the debtor still has the ability to refuse to execute, the debtor is suspected of refusing to execute the judgment or ruling. On the basis of article 313 of the Criminal Law [Crime of Refusing to Enforce a Judgment or Ruling], where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given. List of high-quality authors