First of all, it is clear that the customer's arrears dispute belongs to the sales contract dispute. The delivery note has the customer's signature, which can be used as proof that the other party has received the goods and that you have given the goods to the other party.
It can also prove that this business relationship is established, and the delivery note also indicates the amount, which can be used as evidence that the customer owes money.
You can negotiate the repayment with the customer first and set a payment term, during which the customer will pay you the payment. If both parties fail to negotiate, or the customer refuses to repay, they can bring a lawsuit to the court where the debtor is located with the bill of lading signed by the customer.
If the consignee can't show proof of payment, the court will ask him to pay for the goods.
Extended data:
civil action
1. The plaintiff shall have civil capacity.
According to the General Principles of Civil Law,/kloc-citizens over 0/8 years old are adults with full capacity for civil conduct; /kloc-citizens over 0/6 years of age/kloc-citizens under 0/8 years of age whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct and have the right to bring a lawsuit in their own name.
If a minor or mental patient is a person with no capacity or limited capacity, his legal guardian shall act as the legal agent to represent him in litigation.
2. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case.
A consumer who brings a lawsuit must be a consumer or other victim whose legitimate rights and interests have been infringed upon in purchasing or using goods or receiving services.
3. There is a clear defendant.
According to Article 35 of the Consumer Protection Law, consumers can take sellers or service providers as defendants when their legitimate rights and interests are infringed.
Consumers who cause personal or property damage due to commodity defects may take the seller or producer as the defendant. The law gives consumers the right to sue producers and sellers, and consumers choose the object that is the most convenient for them to sue, the most capable of fulfilling the judgment and the easiest to find as the defendant.
4. There are clear claims and factual basis.
That is, specifically put forward the fact that the operator violates the contract and infringes, the damage caused to himself, and the civil liability that the operator should bear.
5, to the people's court with jurisdiction.
It can include the following aspects:
(1) In general civil cases, civil actions brought against legal persons or other organizations shall be under the jurisdiction of the people's court where the legal person is domiciled; If several defendants in the same lawsuit have their domicile or habitual residence in two or more people's courts, they may bring a lawsuit in one of the people's courts.
(2) Infringement shall be prosecuted in the court where the infringement occurred or where the defendant is located. The people's courts in the places where the products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.
(3) Litigation rights in railway, highway, water, air transportation and combined transportation shall be brought to the court where the transportation originated, destination or defendant is located.
Litigation for damages caused by railway, highway, water and aviation accidents shall be brought to the court in the place where the accident occurred, the place where vehicles and ships first arrived, the place where aircraft first landed or the defendant's domicile.
(4) Article 33 of the Civil Procedure Law stipulates that a lawsuit against real estate shall be filed with the court where the real estate is located.
6. The effective period of bringing a civil lawsuit to the court is within two years after the obligee knows that his rights have been infringed.
The General Principles of the Civil Law also stipulates four situations in which the limitation of action is one year:
(1) claims compensation for bodily injury;
(two) the sale of substandard goods has not been declared;
(3) delaying or refusing to pay the rent;
(4) Loss of or damage to the property in escrow.
7. The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, the people's court may record the oral complaint and inform the other party.
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