How to recover unpaid bills quickly? Order of payment by court may be a fast and efficient way!
I. What is an order of payment by court?
An order of payment by court is a legal document issued by the court to the debtor to pay the unpaid bill or negotiable securities within a prescribed time limit according to the application of the creditor in accordance with the legal procedure prescribed by the Civil Procedure Law of China. This is the best way to deal with civil and economic debt disputes, however, it can only be realized when the debtor does not raise written objections to the court within 15 days after receipt of the order of payment by court.
The effectiveness of the order of payment shall not be affected if the debtor has no objection to the creditor’s right or debt relationship, but has different opinions on solvency, duration and method of repayment. If the court rules to terminate the order, then the order of payment by court becomes invalid, the creditor may file a lawsuit.https://www.law-office-in-china.com/debt-collection-in-china/
II. Features of the order of payment by court
After the creditor files an application, the court shall notify the creditor within five days whether it accepts the application or not. After accepting the application, the court shall, after examining the facts and evidence provided by the creditor, issue an order of payment to the debtor within 15 days from the date of accepting the application if the creditor’s right or debt relationship is clear and legal.
If the application is not tenable, a verdict shall be rendered by the court, and such verdict shall not be appealed. Application for order of payment by court does not have to go through the court proceedings, so it is very fast and convenient.https://en.wikipedia.org/wiki/Debt
III. Under what circumstances can I apply for an order of payment?
1. Only creditors have the right to initiate procedures for an order of payment. According to the provisions of substantive law, the creditor has the right to demand that the debtor fulfill his obligations for payment. If the debtor fails to perform his obligations, the creditor has the right to bring a lawsuit to the court and request the court to conduct a trial and make a judgment through ordinary procedures so as to protect his lawful rights. In addition, the creditor also has the right to apply to the court to issue an order of payment and urge the debtor to pay the unpaid bills through such supervision procedure.
2. The case must be a pay action. That is, the urging procedure applies only to the case that the creditor asks the debtor to pay money, negotiable securities, besides, the case that asks the debtor to give specific things, returns the building, is certain behavior, cannot apply for the urging procedure.
3. There is no other debt dispute between the creditor and the debtor. The applicant in the supervision procedure must be a creditor in the debtor-creditor relationship, and the debtor is not obligated to pay other debts. Specifically, it means that the creditor does not have the obligation of reciprocal payment to the debtor or the obligation of reciprocal payment has been fulfilled.
4. The money or negotiable securities on which payment is claimed are due and the amount is fixed, and the facts and basis on which the claim is based are stated.
5. The order of payment can be served on the debtor. The service mentioned here refers to direct service, and the service of order of payment by court cannot be served by public notice. In two cases, the order of payment shall be regarded as unable to be served: one is that the whereabouts of the debtor is unknown, and it can only be served by public announcement; Second, the debtor does not live in China, the situation is more complicated, does not conform to the legislative intention of urging the procedure to deal with the dispute quickly and simply, so it is regarded as unable to serve.
6. When applying for an order of payment, the creditor must apply to the court that has jurisdiction over the case. According to Chinese law, the court with jurisdiction over such cases can only be the district court in the place where the debtor has his domicile. If the debtor’s domicile is different from his habitual residence, it shall be under the jurisdiction of the district court of the debtor’s habitual residence.
7. When applying for an order of payment, the creditor must submit a written application to the court, together with a creditor’s right document. Application is the court to accept the case, began to urge the procedure of the premise and basis, is also one of the important content of the court review, so the application must be detailed in the following content: the natural situation of the parties, including the name of the creditor and debtor, address and so on.
The money requested and the type and quantity of the securities; The facts and evidence on which the request for issuance of the order of payment by court is based shall be emphatically stated, including the emergence and development time of the legal relationship between the creditor’s right and the creditor’s right, as well as other facts concerning the relationship between the creditor’s right and the debtor’s right, and shall be provided with evidence as far as possible to prove the facts and reasons.
In addition, the application should contain the claims of the parties, i.e. the purpose of the application is to issue an order of payment, etc.
IV. Legal provisions concerning order of payment by court
Civil Procedure Law of P.R China
“Article 216 After accepting the application, the court shall, after examining the facts and evidence provided by the creditor, issue an order of payment to the debtor within 15 days from the date of accepting the application if the creditor’s right or debt relationship is clear and lawful.” If the application is not tenable, it shall be rejected by an order.
The debtor shall, within 15 days from the date of receiving the order of payment, pay off the debts or file a written objection with the court.
If the debtor neither raises an objection nor performs the order of payment within the time limit prescribed in the preceding paragraph, the creditor may apply to the court for execution.
Article 217 After receiving the written objection filed by the debtor, the court shall, upon examination, make an order to terminate the procedure for urging the debtor to pay, and the order of payment shall automatically become invalid if the objection is found to be tenable.
Where the order of payment becomes invalid, it shall be transferred to the court proceedings, except where the applicant of the order of payment does not agree to institute the court proceedings.
Labor Contract Law
Article 30 An employer shall, in accordance with the provisions of the Labor contract and state regulations, pay employees salary in time and in full.
Where the employer fails to pay salary in full, the employee may apply to the local court for a order of payment by court according to law, and the court shall issue an order of payment according to law.