Legal analysis
If there is no written contract between the parties, and one party claims that there is a sales contract relationship by means of delivery note, receipt note, settlement note, invoice, etc. The people's court shall, in combination with the relevant evidence such as the transaction mode and trading habits between the parties, determine whether the sales contract is established. Therefore, if there is a delivery note, you can sue, but whether you can win the case depends on the content of the receipt. The plaintiff shall submit the following materials to the court: 1. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials. 2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents, receipt and delivery vouchers, letters, etc. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. After the case is put on file, the court will arrange the trial of the case, and the parties should obey the various work arrangements of the court. After the case is closed, the litigation costs will be settled in the financial room, and the refund will be more than the subsidy.
legal ground
Article 121 of the Civil Procedure Law of People's Republic of China (PRC): (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.