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Debt Collection Complaint in Classical Chinese

1. How to write a debt collection complaint

Scope of debt collection complaint

Plaintiff: XXX (identity information), name XXX, gender X, age XXX, year of birth XXXX XX month XX day, address XXXXXX;

Defendant: XXX (identity information), name XXX, gender X, age XXX, born XXXX year XX month XX day, address XXXXXX;

Litigation Claims

1. Request the People’s Court to order the defendant to repay the plaintiff’s debt of RMB XXXX yuan in accordance with the law;

2. The litigation fees in this case shall be borne by the defendant.

Facts and Reasons

First, briefly describe the circumstances of the loan and the production of evidence related to the loan. As well as the agreed repayment date (if not, don’t write it down). Example: On XX, XXXX, the debtor *** borrowed RMB x million from the plaintiff and wrote an IOU to the plaintiff on the spot.

However, after the repayment date, the defendant refused to repay the debt for various reasons and excuses, and its behavior seriously damaged the legitimate rights and interests of the plaintiff.

After repeated demands from the plaintiff, the defendant still refused to repay. In order to protect its legitimate rights and interests, the court is now requesting the court to order the defendant XXX to repay the plaintiff XXX RMB x million and pay interest to protect the plaintiff's legitimate rights and interests.

Sincerely,

XX People’s Court

Petitioner: XXX

Date of prosecution: XX, XX, XXXX, XXXX

Attached:

1. X copies of this complaint (number of copies determined according to the number of defendants);

2. One piece of evidence (IOU as evidence);

3. Other evidence.

Extended information:

The following matters need to be paid attention to in debt disputes:

1. File a lawsuit promptly and apply to the people's court for protection of civil rights. The statute of limitations is usually 2 years. , calculated from the time when he knew or should have known that his rights had been infringed.

2. The validity of evidence. The admission of facts during the mediation process shall not be used as evidence against the party in subsequent litigation.

3. Property preservation. One party’s behavior or other reasons may make it difficult to execute the judgment or cause other damage. The court may take preservation measures based on the other party’s application or its own ruling.

4. Continued performance. If the person subject to execution is still unable to repay the debt after the court takes compulsory measures, he shall bear the obligation to continue to perform. If the creditor discovers that the executor has other properties, he may request the court for execution at any time.

Note:

After the court decides in favor of the case, sometimes the debtor may win the case but lose the money because the debtor has no enforceable property. When suing, pre-litigation preservation measures are first taken, and the court is requested to quickly seize and freeze the debtor's assets. This can also be understood as the first step in finalizing the successful payment of the lawsuit.

At the same time, it should be noted that according to legal provisions, the party concerned must file a lawsuit within 15 days of applying for pre-litigation preservation, otherwise the pre-litigation preservation will be invalid.

Reference: Sogou Encyclopedia - Civil Complaint 2. Debt Collection Indictment

1. Indictment Format:

Indictment

Plaintiff XX (please indicate your name, gender, date of birth, workplace or occupation, address, phone number, ID number, etc.).

Defendant XX (written in the same way as above, don’t write it if you don’t understand it, but your name, gender, age and address must be written clearly)

Litigation request:

1. The defendant is ordered to immediately pay the amount of RMB XX yuan owed to the plaintiff;

2. The defendant shall bear the costs of this litigation.

Facts and reasons: (Write down the specific facts about the existence of the legal relationship, the time, place, reason and specific process of the dispute.

Relevant evidence and sources, the nature, consequences and civil liability of the defendant’s behavior, etc.) such as:

On X, month, XX, the defendant purchased (name of goods, quantity) at the plaintiff’s and the amount), although the defendant promised to pay later, it has not paid. After the plaintiff repeatedly urged the defendant, the defendant issued an IOU to the plaintiff on XX, XX. However, to this day, the defendant still delays for various reasons and refuses to pay. Pay.

To sum up, the defendant has still not paid the amount owed to the plaintiff, which has violated the plaintiff's legitimate rights and interests. Therefore, in accordance with relevant legal provisions, the defendant filed a lawsuit with the People's Court, requesting a judgment to support the plaintiff's claim.

This submission:

People’s Court of XX District, XX City

Attached: An IOU issued by the defendant to the plaintiff.

Authorized person: XXXX (signature or seal)

XXXX, XX, month, XX day

2. Issues that need attention:

A. You said that the payment for the goods has been owed for five years, so there may be a statute of limitations issue. That is, if the IOU specifies the time for payment, then you can file a lawsuit in court within two years from the day after it is due. If it is expired, it is called "the statute of limitations" and there is no right to win the lawsuit. If there is no notice, you can always sue.

B. If the IOU you hold has exceeded the statute of limitations, it is recommended that you demand payment from him again and find a reason to ask him to write a new IOU (at this time, it is best not to specify the payment deadline. If you want to It is also best not to write a deadline that is too long, otherwise you will have to wait until it expires before you can sue.) Replace the IOU that has expired, provided that you do not let him know that you plan to sue him.

C. If you are worried about enforcement issues after winning the lawsuit, you can apply to the court for property preservation when suing, and request the court to seize or freeze the other party's corresponding property or deposits. 3. How to write a debt collection complaint?

A complaint is also called a "complaint".

It refers to the document in which a citizen or legal person files a lawsuit in the People's Court due to the infringement of his or her legitimate rights and interests. Depending on the nature and purpose of the lawsuit, the complaint can be divided into three categories: civil complaint, administrative complaint and criminal private complaint.

So how to write a debt dispute complaint? According to the provisions of Article 121 of the Civil Procedure Law of the People's Republic of China: The complaint shall state the following matters: (1) The plaintiff's name, gender, age, ethnicity, occupation, work unit, and residence , contact information, the name, residence of the legal person or other organization and the name, position, contact information of the legal representative or principal responsible person; (2) The name, gender, work unit, residence and other information of the defendant, the name of the legal person or other organization , residence and other information; (3) Litigation claims and the facts and reasons on which they are based; (4) Evidence and evidence sources, names and residences of witnesses. In addition, the prosecution shall submit a complaint to the People's Court and submit copies according to the number of defendants. 4. How to write a debt collection indictment, thank you

Civil Indictment

Contents

Article 110 of my country’s Civil Procedure Law stipulates: “The indictment shall Record the following matters: (1) The name, gender, age, ethnicity, occupation, work unit and residence of the parties, the name and residence of the legal person or other organization and the name and position of the legal representative or principal responsible person; (2) Litigation The request and the facts and reasons on which it is based; (3) Evidence and sources of evidence, names and addresses of witnesses. "The content of the civil complaint includes:

1. Heading

(1) Title. . Write in the center: "Civil Complaint." (2) Basic information of the parties involved. State the name, gender, date of birth, ethnicity, occupation, work unit and position, address, etc. of the plaintiff and defendant respectively. If there are two or more co-plaintiffs, they should be listed one by one. If there are more than two co-defendants, they should be listed in order of responsibility. If the plaintiff or defendant is a person without legal capacity, the name, gender, occupation, work unit and address of the legal representative, as well as his or her relationship with the plaintiff or defendant, should be stated after the item. If the defendant is a legal person or other organization, its name and address should be stated, as well as the name and position of its legal representative (or principal person in charge). If there is a third party, the third party’s name, gender, date of birth, ethnicity, place of origin, occupation, work unit and address, etc. should be stated.

If the third party is a legal person or other organization, the name and address of the legal person or other organization, as well as the name and position of the legal representative (or principal person in charge) should be stated. If the plaintiff entrusts a lawyer to represent him in the lawsuit, the name of the attorney and the name of the law firm where the attorney works should be stated after the item or the item of his legal representative. (3) Cause of action. (4) Litigation claims. State the issues related to civil rights disputes that the plaintiff requests the People's Court to resolve in accordance with the law, that is, the subject matter of the lawsuit. Write down the different requests for confirmation, change and payment in detail.

2. Text

(1) Factual part. The facts of the existence of the civil legal relationship between the plaintiff and the defendant should be stated, as well as the time, place, reason, process, circumstances and consequences of the civil rights dispute between the two parties. Generally, it should be in chronological order, not only stating the facts of the case truthfully, but also focusing on detailing the consequences of the defendant's infringement. (2) Reason part. Based on the facts of the case and relevant laws, regulations and policies,

it is necessary to clarify the plaintiff's views on the nature of the case, the defendant's responsibilities and how to resolve the dispute. (3) Evidence. State the name, piece, number or evidence clues of the evidence provided to the people's court that can prove the case, and state the source of the evidence. If there are witnesses, the names and addresses of the witnesses should be stated.

3. Tail

(1) The name of the people's court to which the document is sent. (2) The plaintiff’s signature, if it is a legal person, it should be stamped with the official seal. If you only entrust a lawyer to write a complaint on behalf of the plaintiff, you can write the name of the attorney and the name of the law firm where the attorney works at the end of the complaint. (3) Time for prosecution.

4. Attachments

(1) The number of copies of this complaint. The number of copies of the complaint should be submitted according to the number of defendants (including third parties). (2) Other relevant evidentiary materials.

Civil Complaint

Format

Civil Complaint (1)

(For citizens to file lawsuits)

Plaintiff: (State basic information such as name or position)

Defendant: (State basic information such as name or position)

Cause of action:

Litigation claim :

Facts and reasons:

Evidence and sources of evidence, names and addresses of witnesses:

Sincerely yours

People's Court

Plaintiff:***

Year, Month, Day

Attached: A copy of this complaint

Note: This complaint format can also be applied to cases filed by citizens Economic litigation.

You can find a lawyer to represent you. If the case is simple and the amount is small, it is not worth hiring a lawyer to represent you. The easiest way is to bring the information directly to a lawyer to represent you. 5. How to write a debt collection lawsuit

Civil Complaint

Plaintiff: XX, male, Han nationality, date of birth, education level, person, occupation, address, phone number:

Defendant: XX, male, Han nationality, date of birth, education level, person, occupation, address, phone number:

Cause of action: private lending.

Request: 1. Order the defendant to repay the loan amount of RMB.

2. The defendant shall bear the litigation costs.

Facts and Reasons:. . . . Over the past few years, the plaintiff has continuously pressed the defendant for debts, but the defendant often excused and prevaricated the case by saying that he had no money. In the end, the defendant not only avoided seeing the plaintiff, but even refused to answer the plaintiff’s phone calls. Now, in order to safeguard its legitimate rights and interests, the plaintiff filed a lawsuit with the People's Court, hoping to order the defendant to immediately pay off the appealed loan.

Sincerely

Urban People’s Court

Petitioner:

Year, month and day

Attachment: 1 . A copy of the complaint.

2. A copy of the IOU.

3. A copy of the plaintiff’s ID card. 6. How to write a debt collection complaint

A civil complaint is the basic requirement for civil litigation in my country’s Civil Procedure Law. It is a civil plaintiff who believes that his legitimate rights and interests have been infringed upon in order to protect his or her civil rights. Or when you have a dispute with others, a litigation document requesting legal judgment based on facts and law is also one of the most commonly used legal documents.

In order to facilitate the parties involved in writing the "Civil Complaint", the content and format of the Civil Complaint are now introduced to you for your reference.

1. The content of a civil complaint generally consists of seven parts:

1. Title. It must be marked as "Civil Complaint".

2. The natural situation of the parties involved. That is, the basic situation of the plaintiff and the defendant. There are two natural situations of the parties: one is a natural person and the other is a legal person. When the party concerned is a natural person, the plaintiff shall indicate the name, gender, date of birth, ethnicity, occupation, workplace, address and contact information, etc. When the party concerned is a legal person, the plaintiff should indicate the name, address, contact information, name and position of the legal representative. If an agent is entrusted, the name, gender, age, nationality, position, work unit, address and contact information of the entrusted agent must also be stated. While the plaintiff describes his own situation, he must also describe the situation of the defendant. Because "having a clear defendant" is one of the legal conditions for the People's Court to accept a case. The basic information of the defendant should be written in the same way as the plaintiff. If there are some items that you don’t know, you don’t have to write them, but you must state the defendant’s name and address or location.

What I want to explain here is the formulation of "residence, residential address, location address". In civil litigation, domicile is often also referred to as domicile. The residence of a citizen refers to the place of residence of the citizen. The indictment requires the citizen's residential address to be stated, which generally refers to the address of the citizen's domicile. However, if the citizen's domicile is inconsistent with his usual place of residence, the citizen's usual residence address may be stated.

3. Litigation request. It is necessary to state what issues you are asking the court to resolve and make clear and specific requests. If there are multiple requirements, they can be stated in separate items. If there are three specific requirements in a divorce case, they can be written as: 1. Request for a divorce decree between the plaintiff and the defendant; 2. Who will raise the legitimate child and who will pay the child support; 3. The husband and wife will share the same property in accordance with the law Divide and bear debts according to law.

4. Facts and reasons. After filing a lawsuit, you must provide sufficient basis for your request. The first is to present the facts. The legal relationship between the two parties, the reasons for the dispute, the history and current situation, especially the focus of the dispute between the two parties, must be written clearly and realistically. Being reasonable means analyzing, clarifying responsibilities, and citing relevant laws, policies, and regulations. For example, in a divorce case, it is generally necessary to state when the two parties got married, what the relationship was like before marriage, how the relationship changed after marriage, when and for what reasons the relationship began to change, and developed to the point of breakdown, etc.; explain the reasons for granting divorce, and cite the Marriage Law Relevant provisions; provide opinions on child support and property division after divorce. Another example is that in contract disputes, it is necessary to clearly write down the process of signing the contract, the specific content, the reasons for the dispute, the litigation claims and the relevant legal and policy basis. In the facts and reasons, the plaintiff should cite all the evidence that can be proved to the court. The names and addresses of witnesses, the sources of documentary evidence, and physical evidence and who keeps them, and provide copies to the court for court investigation.

5. The court being sued. According to the jurisdiction of the court, the civil complaint must specify the court where the lawsuit will be filed.

6. Sign the signature. At the end, there must be the signature or seal of the plaintiff's name and the time when the civil complaint was filed.

7. Attachments. The number of copies of this complaint, the number of copies of evidence, and the number of other materials must be stated.

2. The format of the civil complaint:

(1) The format of the complaint when the plaintiff is a natural person.

Civil complaint

Plaintiff: name, gender, date of birth, ethnicity, workplace, occupation, address, and contact information.

Defendant: name, gender, date of birth, ethnicity, workplace, occupation, address, and contact information.

Request matters: (State the purpose of filing a lawsuit in court).

Facts and reasons: (State the factual and legal basis for the prosecution or claim, including the evidence and the names and contact addresses of witnesses).

Sincerely

****People's Court

Plaintiff: (Signature or seal)

****Year* *Day of Month

Attached: 1.* copy of this complaint (determined based on the number of defendants);

2. ** copies of evidence;

3. Others 1st share of materials.

7. How to write an indictment for debt recovery

Just search for one on the Internet and write it according to your actual situation

Please refer to the following

Civil prosecution Plaintiff

Plaintiff: XXX, gender, ethnicity, born on XX, month XX, XXXX

Address: Group X, village X, village X, city X, county X, province X, ID number: Contact number :

Defendant: XXX, gender, ethnicity, birth address on XX, month XX, XXXX: Group X, village X, village X, city X, county X, province X, ID number: Contact number:

Litigation request

1. Please order the defendant to pay the principal of one million yuan (¥1,000,000.00 yuan) in arrears in accordance with the law.

2. Pay overdue interest (calculated according to bank loan interest rate standards for the same period).

3. The litigation costs of this case shall be borne by the defendant.

Facts and reasons

The defendant XX issued me an IOU of 10,000,000 yuan on the day, month, year, and agreed that the repayment date was the day, month, year. After it expired, I asked for it many times from the defendant, but the defendant refused to pay it back for various reasons. I specifically filed a lawsuit with the People's Court, requesting that the defendant be ordered to repay the principal of 1,000,000.00 yuan in arrears and pay overdue interest (according to the bank's loan interest rate for the same period). Standard calculation), the litigation costs in this case shall be borne by the defendant. Sincerely

XXXX People's Court

Attached: A copy of the plaintiff's ID card and a copy of the IOU

Plaintiff:

Year Month Day