In business cooperation, economic disputes are often unavoidable. When the other party owes money and does not pay it back or breaches the contract, the law provides us with an effective way to file a lawsuit. A valid complaint is the first step in initiating legal proceedings, and its quality has a direct impact on the progress and outcome of the case. So, how do you write a valid complaint? Are there any tips and tricks?
Next, I'll provide you with a guide to writing a complaint to help you defend your rights.
A complaint is a formal legal document that needs to follow certain forms and norms. In general, the complaint should include the following parts:
Title:The title should be "Civil Complaint" and be arranged in the center.
Information of the parties:It shall include the basic information of the parties, including the names, genders, dates of birth, ethnicity, addresses, citizenship numbers, and so forth of the plaintiff and defendant.
Claims:The claim should be clear and unambiguous, listing the specific requirements of the plaintiff against the defendant, such as an order to repay the principal of the loan, pay overdue interest, etc.
Facts & Reasons:The facts of the case should be stated in detail, and laws, regulations, and judicial interpretations should be cited to support the plaintiff's claims.
Sign-off:The payment section includes the name of the court, the number of copies, the signature of the plaintiff and the date of payment.
Next, I will take a dispute over a contract for the sale of goods as an example to provide you with a guide to writing a complaint to learn:
1.Information of the parties:
In this part, it is necessary to list the basic information of the plaintiff and the defendant, including name, gender, age, ethnicity, ID number, address, **, etc. If it is a legal person or other organization, it is also necessary to provide information on the name, address, unified social credit**, legal representative or main responsible person. The purpose of this information is to determine the identity and qualifications of the subject of the litigation and to facilitate communication between the court and the other party.
Writing References:Plaintiff:Zhang San, male, Han nationality, born on January 1, 1980, ID number: xxx, address: No. 1, a road, Chaoyang District, Beijing, **xxx.2.Claims:In this part, you need to clarify the judgment you are asking the court to make, which is the purpose of your lawsuit. You should specify what you want the court to order the defendant to do, such as paying debts, compensating for losses, rescinding the contract, restitution, etc. You should also state the amount or value of your claim, as well as how and on what basis it was calculated. The purpose of this information is to determine the scope and content of the proceedings, as well as to determine the lawfulness of the jurisdiction and acceptance of the court.Defendant 1:Company A, address: No. 1, a road, Pudong New Area, Shanghai, unified social credit**: xxx, legal representative: Li Si, **xxx.
Defendant II:Li Si, male, Han nationality, born on February 2, 1978, ID number: xxx, address: No. 1, a road, Pudong New Area, Shanghai, **xxx.
Writing References:Claims:1) Order the defendant to pay the plaintiff 1 million yuan and interest (based on 1 million yuan, calculated at an annual interest rate of 10%, calculated from December 31, 2023 to the date of actual settlement);
2) Order defendant 1 to bear 60,000 yuan in lawyer's fees paid by the plaintiff to defend rights;
3) Requesting a judgment that defendant 2 bears joint and several liability for defendant 1's loans;
4) Request that the two defendants be ordered to bear the litigation costs, preservation fees, and other expenses of the case.
The provisional total amount of the above 1-2 items is RMB 1.06 million.
3.Facts & Reasons:
In this part, it is necessary to state in detail the factual background and legal basis that led to the dispute. You should clearly describe the process of cooperation between the parties, as well as the defendant's breach of contract and the plaintiff's losses, in chronological order.
Among them, you should also list the evidence you rely on, such as contracts, receipts, bank statements, communication records, etc., and you should also cite relevant contract clauses, laws or judicial interpretations to support your claims and claims. The purpose of this information is to prove the reasonableness and legitimacy of your claim and to persuade the court to support your claim.
Writing References:Facts & Reasons:A qualified complaint should not only pay attention to accurately identifying the substantive content of the dispute, such as the legal relationship, cause of action, basis of claim and court jurisdiction, but also pay attention to the court's formal requirements for the case filing materials. For example, you are preparing to file a complaint with the people's courtList of materials to be prepared:Indictment:There should be a signature or seal of the person (unit), according to the number of parties + 1 copy;The plaintiff and the defendant are in an economic cooperative relationship. On October 1, 2023, the two parties signed the Contract for the Sale of Goods, stipulating that the plaintiff would sell 1,000 tons of certain goods to the defendant 1 at a unit price of 100 yuan and a total price of 1 million yuan, with the place of delivery being Shanghai Port, the delivery date being November 30, 2023, and the payment method being cash on delivery. The contract number is HT20231001, and the first annex to the contract is the "List of Goods".
On November 28, 2023, the plaintiff delivered the goods to the port of Shanghai in accordance with the contract, and issued a Notice of Arrival of the Goods to Defendant 1, informing Defendant 1 to accept the goods and pay the payment. After receiving the notice, the defendant refused to accept the goods, and asked the plaintiff to reduce the unit price of the goods to 80 yuan tons on the grounds of market changes. The plaintiff did not agree to the defendant's request and repeatedly urged the defendant to perform its contractual obligations, but the defendant 1 always ignored it. On January 15, 2024, the plaintiff issued a Notice of Breach of Contract to Defendant 1, requiring Defendant 1 to pay the payment and interest within 10 days after receiving the notice, otherwise it would sue the court. After receiving the notice, defendant 1 still refused to perform his contractual obligations and said that he was not afraid of litigation. As of February 23, 2024, Defendant 1 had not paid the Plaintiff for the goods, which constituted a serious breach of contract.
According to Article X of the Contract for the Sale of Goods, Defendant 1 shall pay liquidated damages at an annual interest rate of 10% and bear reasonable expenses such as litigation fees, preservation fees, and attorney's fees incurred by the plaintiff for rights protection. At the same time, because the debts of the plaintiff occurred during the period when the defendant 2 was a wholly-owned shareholder of the company, and the defendant 2 received the company's money in his personal account, he, as a shareholder, mixed his personal property with the company's property, and abused the company's independent status as a legal person and the limited liability of shareholders, and should be jointly and severally liable for the debts of defendant 1.
To sum up, in order to protect its own legitimate rights and interests, the plaintiff hereby sues to your court, and please support the plaintiff's claim in accordance with the law.
List of Evidence:The evidence used to prove the facts of the case shall be scanned and printed, according to the number of parties + 1 copy;
Body Material:A copy of the identity of the applicant and the other party (the original is for verification). If you are a sole proprietorship or a representative of a unit, you should also bring your business license and a copy as well as the identity certificate of the legal representative or main person in charge;
Other:For example, necessary documents such as confirmation of service address, application for preservation, and commitment to good faith litigation.
Finally, for your convenience, I would like to provide an additional sample complaint for a simple economic dispute (private lending).
Through the above, we hope to help you better understand and master the skills of writing a complaint. Remember, a well-prepared complaint is the key to your success in your legal battle. I wish you all the best on the road to protecting your rights and interests! Legal gas station