How can someone write an indictment without borrowing money? Even though our country has entered a well-off society, we still often owe money in our lives. If it can't be solved through private consultation, it can only be solved by legal weapons. So how can you write an indictment if someone borrows money?
How can you write an indictment if others borrow money? 1 How can they write an indictment if they borrow money?
The indictment for borrowing money and not paying it back is written like this:
(1) Claims of creditor's rights;
(2) Basic information of creditors and debtors;
(3) Relevant evidence, facts and reasons;
(4) Adjudicating the defendant to bear all the litigation costs of this case;
(5) Time limit for debt performance;
(6) Liability for breach of contract;
(seven) the signature or fingerprint of the parties.
legal ground
Article 12 1 of the Civil Procedure Law
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, 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) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
How can someone write an indictment without borrowing money? If the other party owes money and doesn't pay it back, I believe that the other party is already a rogue. Suggest suing each other directly. If the arrears are generated by borrowing, the general model is as follows:
Civil indictment (model)
Original report: Xu, female, born on XX, XX, gender: male, female, date of birth: XX, XX, XX.
Address: XXXXXX Building, XX City, XX Province, and contact information: XXXXXXXXX.
Defendant Li, male, was born on XX, XX.
Address: XXXXXX Building, XX City, XX Province; Contact information: XXXXXXXXX.
Litigation request:
1. Request the court to order the defendant Li to return the loan principal of 60,000 yuan and overdue interest to the plaintiff Xu (overdue interest is calculated at 6% from the date of prosecution, i.e. 20 19, until the date of full payment);
The legal costs of this case shall be borne by the defendant.
Facts and reasons:
The original defendant was in a long-distance relationship. The defendant XX borrowed 60,000 yuan from the plaintiff on the grounds of business capital turnover, and verbally agreed to repay it one month later. Based on the trust in the defendant, the plaintiff applied to its agricultural bank card (card number: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
The plaintiff believes that the legal loan relationship should be protected by law and the debt should be paid off. The defendant's behavior of avoiding the plaintiff and refusing to repay the money not only violates the good faith, constitutes a breach of contract, but also infringes on the plaintiff's legitimate rights and interests.
To sum up, in order to safeguard their legitimate rights and interests, the plaintiff brought this lawsuit to your hospital in accordance with the Civil Procedure Law of People's Republic of China (PRC), the Contract Law of People's Republic of China (PRC) and other relevant laws. We urge your hospital to support the original complaint according to law after finding out the facts.
I am here to convey
XXXX people's court
Shaping people:
date month year
Everyone's arrears are different, and the facts and reasons need you to explain the whole process in detail. In addition, evidence should be collected. If you want to be foolproof, I suggest you find a lawyer to write it!
How can you write an indictment if others borrow money?
A model essay on borrowing money and not paying back the lawsuit
Plaintiff: xxx (name), xxx (gender), xx year, xx month, Han nationality, education level, work unit, position and address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Defendants: xxx (name), xxx (gender), xxxx (name), xx, xx, Han nationality, education level, work unit, position and address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Requested items:
1, and sentenced the defendant to repay the arrears of xxx yuan and interest of XXX yuan.
The defendant was sentenced to bear all the litigation costs of this case.
Facts and reasons:
On the * * day of * * 20**, the debtor * * borrowed RMB 10,000 from the plaintiff and issued 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, which seriously damaged the legitimate rights and interests of the plaintiff.
We now appeal to the court to order the defendant XXX to repay the plaintiff XXX RMB X million and pay interest to safeguard the plaintiff's legitimate rights and interests.
I am here to convey
XXXX people's court
Plaintiff: xxx
XXXX year x month XX day
Attachment: 1, x copies of this complaint (the number of copies is determined according to the number of defendants);
2. Evidence 1 copy (as evidenced by IOUs);
Second, the basic format of civil indictment
Civil appeal
Plaintiff: Name: _ _ _ _ _ _ Address: _ _ _ _ _ Tel: _ _ _ _ _ _ _
Legal Representative: Name: _ _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _
Authorized Agent: Name: _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _
Nationality: _ _ _ Title: _ _ Work unit: _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _
Defendant: Name: _ _ _ _ _ _ Address: _ _ _ _ _ Tel: _ _ _ _ _ _ _
Legal Representative: Name: _ _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _
Authorized Agent: Name: _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _
Nationality: _ _ _ Title: _ _ Work unit: _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _
Claim: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Facts and reasons: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Evidence and sources of evidence, names and addresses of witnesses
I am here to convey
_ _ _ _ _ People's Court
Tangible person (name)
Date, year and month
Attachment: copy of the contract.
_ _ _ copies of this complaint.
_ _ other supporting documents.
note:
(1) After the contract is signed, the facts and reasons, specific contents, causes of disputes, claims and relevant laws and policies shall be clearly stated.
(2) The plaintiff shall list all the evidence to the court. The name and domicile of the witness, the source and custodian of documentary evidence and physical evidence, and provide copies for court investigation.
(3) This complaint applies to the fact that the defendant is a legal person or other organization.
Third, the content of the civil complaint
(1) title. Write "civil complaint" or "civil complaint" in the middle of the single line.
(2) Basic information such as the identity of the participants in the proceedings. If the plaintiff is a citizen, state his name, gender, age, nationality, place of origin, occupation, work unit and address. If the plaintiff is a minor under the age of 18, the name of the legal representative and the relationship with the plaintiff shall be stated. If the plaintiff is an organ, organization, enterprise or institution, the name and address of the unit shall be stated. Write the name and position of the legal representative every other line, and the legal representative shall be the main person in charge of the unit.
If the plaintiff is a citizen or a legal person and has an entrusted agent, the name and position of the entrusted agent and the relationship with the plaintiff shall be stated in the next item of the plaintiff. The items and writing in the column of defendant are the same as those in the column of plaintiff.
(3) claim. This part mainly states the specific problems of requesting the people's court to solve the civil rights disputes demanded by the plaintiff according to law. Such as claiming losses, paying off debts, performing contracts, returning property rights, etc. The claims should be written clearly, concretely and concisely.
(4) Facts and reasons. This part is the main body and core part of the civil complaint, and it is an important basis for requesting the people's court to judge the rights disputes and disputes between the parties. Generally, write the facts first, and then write the reasons. The fact part mainly states the specific facts of the defendant's infringement or the specific contents of the dispute over the rights and interests of the parties, as well as the responsibilities that the defendant should bear. Including the time, place, reason, plot and course of the dispute, etc., should be clearly stated, among which the consequences and responsibilities caused by the defendant's infringement, as well as the focus and substantive differences between the two sides should be rewritten clearly.
After the facts are clearly written, provide sufficient witness, material evidence, documentary evidence and other evidence sufficient to prove the plaintiff's prosecution. The reason part is to state the nature, consequences and responsibilities of the defendant's infringement or illegal behavior according to facts and evidence; At the same time, explain the policy and legal basis of the request, but we must pay attention to accurately and appropriately citing the law.
(5) The name of the people's court where the complaint is filed. You can write like this: "for this reason, I hereby sue your hospital, please make a judgment according to law!" This is to the XXX people's court. "
(6) The pledgee shall sign or seal, and indicate the date of complaint.
(7) appendix. The number of copies of this complaint shall be stated in turn; The name and quantity of documentary evidence and physical evidence; Name and address of the witness. Date, year and month