How to choose the cause of action for non-payment of money owed

The cause of action for non-repayment of money owed is generally a civil economic dispute. The parties can file a civil lawsuit in court or require the other party to repay the money, and can also require the other party to pay overdue interest. Overdue interest refers to the penalty interest caused by overdue loans. Specifically, it refers to the overdue penalty interest if the borrower fails to repay the loan as stipulated in the contract. Under normal circumstances, creditors can sue the debtor in court or apply to the relevant departments for arbitration.

Determining the cause of action is within the scope of powers and responsibilities of the collegial panel or the single judge, and does not fall within the responsibilities of the parties or agents. The parties can choose the basis for the claim, but cannot determine the cause of the case, so the collegial panel or the single judge The case should be proactively "characterized" and the appropriate cause of action should be determined based on the right of claim chosen by the parties and in conjunction with the Provisions on Causes of Action.

For the causes of civil litigation involving arrears conducted by the People's Court of our country, the types shall be determined according to the following provisions: financial loan contract disputes; inter-bank lending disputes; private lending disputes; small loan contract disputes; financial Disputes over transfer contracts for bad debts; disputes over recovery of financial bad debts, etc.

How to determine the cause of the case for arrears depends on the basis on which the arrears are based. For example, if the sale is unpaid, it is a sales contract dispute. For example, if the rent is not paid, it is a dispute over the housing rental contract. Arrears are only a fact, not a legal relationship. Rent, sales, meals, service fees, consulting fees, wages, etc. can all be arrears. Arrears simply mean that the money that should be paid has not been paid.

The causes of civil cases are divided into ten categories of first-level causes of action, such as personality rights, property rights, creditor's rights, intellectual property disputes, etc.; under the first-level causes of action, they are subdivided into forty-three categories of causes of action, as Second-level causes of action, such as marriage and family, ownership, contracts, labor disputes, company-related disputes, etc.; Under the second-level causes of action, another 424 causes of action are listed as third-level causes of action. Third-level causes of action are the most common and widely used causes of action in practice; based on the needs of trial work guidance, research and judicial statistics, some causes of action are listed under some third-level causes of action as fourth-level causes of action.

From the perspective of statute of limitations, if the IOU indicates the repayment date, then the statute of limitations will be calculated for three years from the day after the repayment date. If the repayment date is not indicated, it means that the contract is a contract with an unclear performance period. The creditor has the right to require the company to perform its debts at any time, but must give the other party the necessary preparation time. In this case, there are actually the following types of starting points for determining the period of limitation of action:

(1) If the company stated that it would perform immediately when the creditor called for it, but actually failed to perform, the limitation of action will be Calculated from the day after the reminder. There is no time limit on when a creditor can make a call.

(2) If the parties and the company reach an agreement and determine a clear performance period, in fact, both parties change the content of the contract and change the debt with an unclear performance period into a debt with a clear performance period. , then, if the company fails to pay its debts at the expiration of the period, the statute of limitations shall be calculated from the day after the expiration of the period.

Legal Basis

"Provisions on the Causes of Civil Cases"

Article 89 Disputes over Loan Contracts

(1) Financial Loan Contract Disputes

(2) Inter-bank lending disputes

(3) Private lending disputes

(4) Small loan contract disputes

( 5) Disputes over financial distressed debt transfer contracts

(6) Disputes over recovery of financial distressed debts

Article 122 of the Civil Procedure Law of the People’s Republic of China

A lawsuit must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;