In economic activities, it is not uncommon for debtors to delay or refuse to repay their debts. In the face of such problems, creditors have the right to initiate judicial proceedings to recover the arrears by legal means. When the negotiation fails, the creditor may file a lawsuit with the people's court to request a judgment against the debtor to perform the repayment obligation. This process usually includes prosecution, trial, judgment and other links.
At the litigation stage, the creditor needs to submit a complaint and relevant evidence to prove the existence of the debt relationship and the fact that the debtor has not fulfilled its repayment obligations. Once the court accepts the case, a summons will be sent to the debtor in accordance with the law informing him to participate in the proceedings.
*The trial stage is the process by which both parties state the facts and provide evidence. In accordance with the provisions of the law and the evidence provided by both parties, the judge determines whether the debt relationship is established and whether the debtor is in breach of contract.
Ultimately, the court will make a judgment based on the circumstances of the trial. If the judgment upholds the creditor's claim, the debtor must pay the amount owed at the time and in the manner specified in the judgment. If the debtor refuses to enforce the judgment, the creditor can also apply to the court for enforcement.
Going through the judicial process is time-consuming and energy-consuming, and may involve a certain amount of legal fees. Therefore, before commencing judicial proceedings, creditors should assess the likelihood and cost of the debt**. In some cases, it may be more efficient to continue to resolve disputes through mediation or other non-contentious means.
Creditors should pay attention to the issue of statute of limitations. According to the Civil Code of the People's Republic of China, the statute of limitations for claims is three years, and filing a lawsuit beyond the limitation period may be dismissed by the court.
In the face of the debtor's delay in repayment, the creditor can protect its rights and interests through judicial channels. But before you do that, it's important to carefully consider a variety of factors and choose the most appropriate way to solve the problem.