According to the provisions of the Civil Procedure Law and the judicial interpretation of the Supreme People's Court, the creditor's application for payment order must meet the following conditions:
1. The subject matter of the creditor's request for payment from the debtor must be money, bills of exchange, promissory notes, checks and securities such as stocks, bonds, treasury bills and negotiable certificates of deposit. Requests for payment of property other than money and securities are not applicable to the supervision procedure.
2. The money or securities requested for payment have expired and the amount is determined, and the facts and evidence on which the request is based are stated. The creditor's rights that have not yet expired or the amount of which is uncertain shall not be requested to issue a payment order; The applicant does not specify the facts and evidence of the request, nor can he issue a payment order according to the supervision procedure.
3. There is no obligation of reciprocal payment between creditors and debtors. The so-called reciprocal payment means that the obligation to pay between the two parties is mutual. If a creditor wants to apply for a payment order, it can only be that the debtor has the obligation to pay, while the creditor has no obligation to pay the other party.
4. The payment order must be able to reach the debtor. Being able to serve mainly means that the payment order can be actually served on the debtor through legal service methods, including direct service, lien service and other legal service methods. The people's court does not apply the supervision procedure to the debtor who is not within the territory of China and needs to be served abroad, or who is within the territory of China but needs to announce the service of the payment order.
what materials are required to apply for a payment order
an application form is required to apply for a payment order. When a creditor applies to the people's court for a payment order, it must submit an application, which should include:
1. Basic information such as the names of both the creditor and the debtor;
2. The type and quantity of money or securities that the creditor requires the debtor to pay;
3. The facts and evidence on which the creditor's request is based;
4. The debtor's property status and the property available for execution. When submitting an application to the people's court, the creditor shall submit necessary evidential materials, such as contracts and receipts to prove the existence of the relationship between creditor's rights and debts.