In the leasehold dispute in the life, debtor expires not to return money, creditor can want to return money through legal approach. But creditor advocates creditor's rights needs to provide evidence, the evidence that particular the testimony that includes to prove former defendant identity, leasehold concern exists, the still needs to refer security news that has security. It is small below arrange the evidential material schedule that arrange, understand together!
Place of desk of civilian leasehold issue wants proof
The evidence of comfortable case of party lawsuit main body
1, party is a natural person, should submit its identification data, wait originally like Id or registered permanent residence (the Id photocopy that borrower withholds when loan money very be necessary) ;
2, party is legal person or other organization, should refer main body to register a data, be like industrial and commercial business charter carbon or the industrial and commercial registering detailed list that issues by the industrial and commercial mechanism that register, industrial and commercial archives that register, the commonalty registers card to wait; Card of origanization construction code; Legal representative or chief identification;
3, party name ever had change after accusing the legal significance that dispute happens, answer to submit the registering data after change in time.
4, if list husband and wife,other one party is corespondent, still should refer relation of marriage of husband and wife to prove (the marriage certificate) .
5, the should provide security identification data that has security, security is corporative, should offer corporative main body to register name of data, unit, legal representative and its address.
Prove the evidence of leasehold relation existence
1, detailed list of the best evidence that make, the title of bright evidence should hold on evidential detailed list, prove photocopy of Or of content, original, page number, convenient case is tried;
2, the creditor's rights proof such as book of acceptance of specification of loan contract, receipt, reimbursement, reimbursement;
3, should offer a bank to turn Zhang record, small letter turns Zhang, pay treasure to turn the proof of the pay borrow or lend money such as Zhang;
3, if do not have loan contract,wait for book card, should provide the other evidence of the time that forms concern of creditor's rights liability, place, amount, provide the witness testimony that does not have interests or evidential clue.
4, have security, should offer assure the proof such as the contract assures the evidence that the fact exists.
5.Have mortgage, should offer guaranty contract; Guaranty registers formalities and relevant right proof;
Prove the witness that lawsuit asks
The computational detailed list of the principal that the requirement in offerring lawsuit to request pays and interest number, zai Mingqi calculates day and date of expiration and accrual computation standard to wait, lest the hurry-scurry when judge ask a question answers,do not come out.
Lawsuit conserves requires evidential data
1, should offer lawsuit to conserve requisition;
2, by the applicant (the accused) information of clew of belongings of under one's name (bank Zhang date, company equity checks information of watch, house property to check information of watch, car to check watch to wait) ;
3, the applicant should offer belongings waiting for the forehead to conserve for lawsuit offer assure (if the applicant does not have corresponding belongings to offer,assure, also can spend a few money seek this locality insurance company or assure company issue defend case) .
Litigant effectiveness for a given period of time proves
1.Reimbursement is urged receive notice, urge receive a short message, urge receive phone recording to wait;
2.Issued reimbursement plans debtor or reimbursement acceptance book.
Attention, encounter a case more complex, involve amount bigger, can entrust professional lawyer assistance to obtain evidence with lawsuit, thereby the legitimate rights and interests that the oldest rate ensures him!
Model for painting of civilian leasehold indictment;
Civilian leasehold dispute is civil indictment
Litigant request:
１ , sentence your the accused to repay instantly lawfully ｘ of accuser loan principal reachs accrual ｘ 10 thousand yuan yuan (accrual of short duration plan to 20 ｘ ｘ year day of ｘ month ｘ , after this accrual presses monthly interest the standard of 2% , plan Fu Zhifu's quiet day stops) ;
2, the legal cost of this case, conserve cost is assumed by the accused entirely.
Fact and reason:
Both sides of former, the accused fastens a friend. 20 ｘ ｘ year day of ｘ of ｘ of ｘ ｘ month, because the accused wants capital have enough to meet need, raise borrow or lend money to accuser. The accused issue receipt for a loan to accuser, receipt for a loan carries bright: The accused Xiang Yuan accuses loan ｘ 10 thousand yuan, ｘ of loan time limit month, monthly interest 2% , the accused should at 20 ｘ ｘ year day of ｘ of ｘ of ｘ ｘ month remands total loan principal and interest. Receipt for a loan after issueing, accuser turns to the accused Zhang pays loan ｘ yuan, the accused gets borrow or lend money backward accuser issued receipt. After loan contract expires, classics accuser is chased after for many times denounce, the accused rejects to remand loan principal and interest.
Accuser thinks, the accused does not grant the behavior of reimbursement encroached his badly to close right increase, reason accuser basis " code of civil law of People's Republic of China " reach relevant law provision, special Xiang Gui courtyard to lodge a complaint, request expensive courtyard to safeguard the legitimate rights and interests of accuser lawfully, if what ask,sentence.
Your's sincerely
Court of people of ｘ ｘ county
The person that have state (sign) : ｘ ｘ
20 ｘ ｘ year day of ｘ of ｘ of ｘ ｘ month
Court of people of zhuang1huang2 plain county
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