Like other legal procedures, civil debt collection should be conducted in a specific order and the time for civil lawsuit to take civil debt collection is a matter of great concern. The following article will address those concerns for you.
1. The basic legal requirements when suing civil debt
There are many cases that can initiate civil lawsuits in accordance with the law. It can be a loan between individuals, between individuals and organizations or between businesses ...
The common point between these cases is that no payment is made on time.
Types of debt that require a lawsuit include:
- Debts arisen from borrowing or borrowing assets without making payment
- Debts arising from breach of contract
- Debt arises from responsibilities outside the contract ...
The collection of civil debts should be derived from the legal value of the loan agreement documents. This includes evaluating whether the loan agreement document has any content that is illegal, whether the documents are legal and whether the amount to be paid is correct ...
2. Procedures for instituting civil lawsuits
In order for the Court to receive a civil action lawsuit, you must meet the following conditions:
- The statute of limitations for taking legal action is still valid:
Article 429 of the 2015 Civil Code stipulates the statute of limitations for instituting a lawsuit to initiate a contract as follows: “The statute of limitations for instituting a lawsuit to request the Court to resolve a contract dispute is 03 years, counting from the date the person entitled to request knows or You must know your legal rights and interests are violated. "
Accordingly, in the case of a lawsuit for debt collection, the time limit to take action is 3 years from the date the borrower fails to perform the obligations and the parties do not have an agreement to extend the loan term. From the moment the borrower fails to perform the debt repayment obligation, the borrower is deemed to have rights and interests infringed and is sued to request the Court to resolve.
- Competent authority: The Court will be the place to receive records and resolve petitions.
According to Article 35 of the 2015 Civil Procedure Code, the district People's Court has jurisdiction to resolve your claim. On the other hand, under the provisions of Clause 1, Article 39 of the CPC, the litigants have the right to ask the District Court where the defendant resides and work to sue the Court for settlement. If the litigant is in a foreign country or the disputed property is in a foreign country or the judicial authority of a foreign body is required, the applicant must request the provincial Court where the defendant resides and works to initiate a lawsuit.
Completing the file: A dossier of lawsuit for civil debt collection includes:
+ A petition form.
+ Loan papers and other documents.
+ State agency's certification of the defendant's residence and working address
+ Identity card and household registration of the petitioner
+ Papers proving the case is still the time limit to take action (if any).
+ Other relevant documents.
3. How long does civil debt collection take?
The time limit for preparation for a civil case is 4 months from the day on which the case is accepted and for complicated cases, it may be extended but not exceeding 2 months specified in Clause 1. Article 203 of the 2015 Civil Procedure Code.
Time limit for opening court sessions: Within a maximum of 02 months from the date of bringing the case to trial. (Clause 4, Article 203 of the 2015 Civil Procedure Code)
Time limit for postponement of trial: not exceeding 30 days from the date of issuance of the decision to postpone the trial. (Article 233 of the 2015 Civil Procedure Code)
If you have any questions and would like advice, please contact Đại Việt Law at:
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: Số 411 Phố Kim Mã - Ba Đình - Hà Nội
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
Like other legal procedures, civil debt collection should be conducted in a specific order and the time for civil lawsuit to take civil debt collection is a matter of great concern. The following article will address those concerns for you.
1. The basic legal requirements when suing civil debt
There are many cases that can initiate civil lawsuits in accordance with the law. It can be a loan between individuals, between individuals and organizations or between businesses ...
The common point between these cases is that no payment is made on time.
Types of debt that require a lawsuit include:
- Debts arisen from borrowing or borrowing assets without making payment
- Debts arising from breach of contract
- Debt arises from responsibilities outside the contract ...
The collection of civil debts should be derived from the legal value of the loan agreement documents. This includes evaluating whether the loan agreement document has any content that is illegal, whether the documents are legal and whether the amount to be paid is correct ...
2. Procedures for instituting civil lawsuits
In order for the Court to receive a civil action lawsuit, you must meet the following conditions:
- The statute of limitations for taking legal action is still valid:
Article 429 of the 2015 Civil Code stipulates the statute of limitations for instituting a lawsuit to initiate a contract as follows: “The statute of limitations for instituting a lawsuit to request the Court to resolve a contract dispute is 03 years, counting from the date the person entitled to request knows or You must know your legal rights and interests are violated. "
Accordingly, in the case of a lawsuit for debt collection, the time limit to take action is 3 years from the date the borrower fails to perform the obligations and the parties do not have an agreement to extend the loan term. From the moment the borrower fails to perform the debt repayment obligation, the borrower is deemed to have rights and interests infringed and is sued to request the Court to resolve.
- Competent authority: The Court will be the place to receive records and resolve petitions.
According to Article 35 of the 2015 Civil Procedure Code, the district People's Court has jurisdiction to resolve your claim. On the other hand, under the provisions of Clause 1, Article 39 of the CPC, the litigants have the right to ask the District Court where the defendant resides and work to sue the Court for settlement. If the litigant is in a foreign country or the disputed property is in a foreign country or the judicial authority of a foreign body is required, the applicant must request the provincial Court where the defendant resides and works to initiate a lawsuit.
Completing the file: A dossier of lawsuit for civil debt collection includes:
+ A petition form.
+ Loan papers and other documents.
+ State agency's certification of the defendant's residence and working address
+ Identity card and household registration of the petitioner
+ Papers proving the case is still the time limit to take action (if any).
+ Other relevant documents.
3. How long does civil debt collection take?
The time limit for preparation for a civil case is 4 months from the day on which the case is accepted and for complicated cases, it may be extended but not exceeding 2 months specified in Clause 1. Article 203 of the 2015 Civil Procedure Code.
Time limit for opening court sessions: Within a maximum of 02 months from the date of bringing the case to trial. (Clause 4, Article 203 of the 2015 Civil Procedure Code)
Time limit for postponement of trial: not exceeding 30 days from the date of issuance of the decision to postpone the trial. (Article 233 of the 2015 Civil Procedure Code)
If you have any questions and would like advice, please contact Đại Việt Law at
DAI VIET LAW CO., LTD-DAI VIET NOTARY OFFICE
Address: Số 411 Phố Kim Mã - Ba Đình - Hà Nội
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
