Can you take the borrowed money back without a lawsuit?You must learn this trick!

The payment order is a legal document to pay cash or securities to the debtor based on the creditor's application for the creditors to apply for the debtor. The people's court proposed a written objection. If the objection or objection is not established during the previous paragraph, and the payment order is not performed, the creditors may apply to the people's court for implementation.

Many disputes are small, the disputes are not large, and the relationship between debt and debt is clear. It is just because the debtor lacks the willingness to pay or has no payment capacity for the time being. The payment order is the most convenient way to solve such disputes.

1. The basic requirements for applying for a payment order

Cases of requesting money and securities, and the amount of money or securities is determined and expired;

Debt and debt relationships are clear and legal;

There are no other debt disputes between the creditor and the debtor;

Payment orders can be delivered to debtors.

2. Preparation of materials for applying for a payment order

Application for the payment order (the template is as follows)

The main qualification information of the applicant and the respondent (such as a copy of the ID card, a business license, etc.)

Prove the existence of claims and related evidence due (if the other party does not pay money, it shall provide a debit and transfer voucher for expiration to prove that the borrowing behavior occurs)

Third, workers can apply for a payment order

If the employer is arrears or does not pay for labor compensation in full, the worker may apply for a payment order to the local people's court in accordance with the law, and the people's court shall issue a payment order according to law.

If the payment of labor compensation, work injury medical expenses, economic compensation or compensation reached a mediation agreement, if the employer does not perform within the agreed period of the agreement, the worker can apply for a payment order to the people's court in accordance with the law. The people's court shall issue a payment order according to law.

Fourth, the jurisdiction of the payment order

The creditors apply for a payment order, and Article 22 of the Civil Procedure Law shall be applied to the jurisdiction of the grassroots people's court by the debtor's residence.

Fifth, the fee for the application for payment order

If you apply for a payment order in accordance with the law, 1/3 of the standards for the acceptance fee of property cases will be paid. For example, a case with a subject of 10,000 yuan is based on the charging standards of the current litigation costs, and the litigation fee is 50 yuan according to the general procedure; the simple procedure is 25 yuan, and the fee for the application for payment is 16 yuan. It can be said that compared to other procedures, applying for payment orders is still more cost -effective.

6. Specific procedures for applying for a payment order (supervision procedure)

Seven, the defense method of payment order

The debtor should submit a written objection to the court within 15 days from the date of receiving the payment order, and the verbal objection is invalid;

In written objections, the debtor shall propose objections to the establishment and performance of the debt and debt relationship, and only propose objections such as lack of claim capacity, delaying debt settlement period, and changing debt claims. Urges the debtor to repay the loan, and the debtor can propose in the written objection that the creditors have not paid the loan or have repaid their borrowings.

In written objections, the debtor can also propose to have other creditor's rights and debt relationships with the creditors (if the applicant applies for a payment order, urge the respondent to repay the loan, the respondent may be proposed in the written objection, and the applicant owes the payment of his payment without paying the payment. To.

Payment orders can be delivered to debtors.

8. Cancel of effective payment orders

If the debtor fails to propose a written objection or objection within the statutory period, it will be rejected by the court, and the payment order will take effect. Once the payment order takes effect, it will cause execution and existing judgment. If you want to revoke the effective payment order, there is only one way, that is, the President of the People's Court found that there is an error in the payment order and believes that it needs to be revoked.

Source: People's Court of Tianxin District, Changsha City

Author: Meng Xianglong

- END -