1. If there is a sales contract, the creditor has evidence to prove that there is a legal relationship with the customer company such as sales or supply. If there is no sales contract, customers' orders, creditors' invoices and other evidence can also prove the existence of the factual sales contract relationship.
2. If there is a written receipt, then the creditor has evidence to prove the actual number of transactions. Only by signing the receipt or combining the sales contract can the amount payable for the actual transaction be further proved.
If there is no receipt, but there is a statement, it can also prove the amount of payment payable. Directly @ owe, investigate the complaint.
3. If the creditor company has provided the customer company with the VAT invoice, and the customer company has signed or certified the deduction, then the creditor company can provide the VAT invoice as reinforcing evidence to increase the confidence in winning the case.
4. The limitation of action for payment disputes is 2 years. If you file a lawsuit beyond the limitation of action, your company will lose the right to win the lawsuit once the client company raises an objection to the limitation of action. Therefore, the creditor must first confirm whether there is evidence to prove that the creditor and the customer company have reached an agreement on the payment terms. If there is no agreement, it is generally considered to be cash on delivery according to trading habits, then the limitation of action starts from the date when the goods are signed. If there is an agreement, the limitation of action shall be calculated from the date when the agreed payment period expires.
Second, how to write the complaint of personal default on payment?
Personal complaints about arrears in payment for goods
Plaintiff: Chen Moumou, male, Han nationality,/kloc-0, born in June 1984, ID number:
Defendant Liang, Han nationality, was born in August of 1966, and his ID number is:
Litigation request:
1. Request the court to order the defendant to pay the plaintiff 1258 19.6 yuan;
2. Request the court to order the defendant to pay overdue interest to the plaintiff (interest calculation: based on 1258 19.6 yuan, from the date when the plaintiff formally filed a lawsuit with the court to the last day of the performance period stipulated in the effective judgment of this case, interest will be charged according to the interest rate standard for similar loans of financial institutions in the same period stipulated by the People's Bank of China);
The legal costs and other legal costs of this case shall be borne by the defendant.
Facts and reasons:
March 3, 20654381A few days ago, the defendant Liang operated a lime plant near the cement plant in XX, and the plaintiff supplied coal to the defendant many times. By September 24th, 20 1 1 year, after settlement by both parties, the defendant still owed the plaintiff 96,985 yuan for coal. Therefore, the defendant made an iou. Liang signed for confirmation.
20 12 in March, the plaintiff delivered 29.79 tons of coal to the defendant again at a price of 1580 yuan per ton, and the defendant paid 18044 yuan in succession. This time, the plaintiff still owes 28,834.6 yuan for coal.
The above two defendants owed money to the plaintiff 1258 19.6 yuan. .
The plaintiff believes that the plaintiff has delivered the goods as agreed and fulfilled all the contractual obligations, and the defendant should pay the price according to the principle of consensus and honesty and credit, but the defendant refused to pay the money owed to the plaintiff for various reasons, which constituted a breach of contract and seriously infringed on the plaintiff's legitimate rights and interests.
In order to safeguard the plaintiff's legitimate rights, according to the provisions of Article 108 of the Civil Procedure Law, we hereby file a lawsuit in your hospital, requesting the people's court to support the plaintiff's above-mentioned litigation request according to law.
I am here to convey
XXX people's court
Tangible person: xxx
Xxxx、xxxx、xx、xx