Legal analysis
If the debtor fails to repay the loan by the repayment date, if the corresponding liability for breach of contract is stipulated in the IOU, the debtor may eventually bear liquidated damages other than the principal and interest. If a party is sued to the court, it shall collect evidence and actively respond to the lawsuit. The court will directly serve paper lawsuits and subpoenas, which need to be signed to see if they are under the jurisdiction of the court. If it does not meet the requirements of jurisdiction, it may raise an objection to jurisdiction within the defense period. You need to defend yourself and collect relevant evidence according to the facts of the other party's lawsuit. If the relevant evidence needs to be obtained by the people's court, it needs to apply in writing to the people's court for obtaining it. After everything is ready, we will wait for the people's court to hear the case. During the trial, the evidence of both parties should be cross-examined, and the defense should be combined with the cross-examination and the focus of the dispute. If the defendant has no objection to the jurisdiction, he shall submit the following materials when responding to the lawsuit:
1. Reply: One original, with copies provided according to the number of plaintiffs; The defense shall be signed or sealed by the defendant. If the defendant is a legal person or other organization, it shall be signed and sealed by the legal representative or person in charge.
The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person.
2. Evidence: one original and one copy according to the number of plaintiffs.
3. Qualification information of the defendant: If the defendant is a citizen, a copy of this ID card should be provided. If the defendant is a legal person or other organization, it shall provide a copy of the business license, a copy of the organization code certificate, the identity certificate of the legal representative or person in charge, and a copy of the personal identity card of the legal representative or person in charge.
4. If the defendant entrusts a lawyer to represent the respondent, it shall issue a power of attorney to the attorney, and indicate whether it is a general authorization or a special authorization.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 64 The parties have the responsibility to provide evidence of their own claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Article 125 The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receiving the indictment. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.