According to the provisions of Article 214th of the Civil Procedure Law of People's Republic of China (PRC), if a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
Article 216 After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance. If the application is not established, the ruling shall be rejected. The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court. If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
Extended data:
"Several Provisions on Publishing the Information of the List of Persons Executed in Breach of Trust" Article 1 If the person subjected to execution fails to fulfill the obligations specified in the effective legal documents and has one of the following circumstances, the people's court shall include it in the list of persons executed in breach of trust and impose credit punishment on it according to law:
(1) Having the ability to perform and refusing to perform the obligations specified in the effective legal documents;
(2) Obstructing or resisting execution by forging evidence, violence or threats;
(3) evading execution by means of false litigation, false arbitration or concealing or transferring property;
(4) Violating the property reporting system;
(5) Violating the consumption restriction order;
(6) refusing to perform the settlement agreement without justifiable reasons.
Article 2 Where the person subjected to execution falls under the circumstances specified in Items 2 to 6 of Article 1 of these Provisions, the time limit for being included in the list of persons subjected to execution without trust shall be two years. If the person subjected to execution obstructs or resists execution by violence or threat, or if the circumstances are serious or he has repeatedly broken his promise, it may be extended for one to three years. The people's court may decide to delete the information of dishonesty in advance if the person subjected to execution actively performs the obligations specified in the effective legal documents or actively corrects the act of dishonesty.
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law