Discussion on the difficult problem of filing a case in reality

Plaintiff Liu xx v. defendant Hou XX private lending dispute case, entrusted Jin Yan lawyer Zhang Xiaojuan as the plaintiff's attorney, now the case has been closed and filed. The difficulties of filing the case are now shared as follows:

Basic situation

In this case, the plaintiff first sued in the plaintiff's domicile that is Shanyang District People's Court, because the plaintiff's domicile and habitual residence are inconsistent, the Shanyang court required the plaintiff to provide proof of habitual residence, the plaintiff will lose the lease contract, resulting in failure to provide proof, so choose the defendant's habitual residence to Sue that the people's court of the Liberated area filed. However, the people's court of the liberated area required the plaintiff to provide proof that the defendant's habitual residence was in liberation because of the inconsistency between the defendant's domicile and his habitual residence. The lawyer believes that according to Article 119 of the Civil Procedure Law of the People's Republic of China, the following conditions must be met: (1) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific claims and facts and reasons for the action; (4) It is within the scope of the people's court accepting civil proceedings and under the jurisdiction of the people's court subject to the suit. There is no requirement for the plaintiff to submit proof of the defendant's habitual residence and to communicate with the liberating Court. Later, the liberation Court suggested that we go to the plaintiff's domicile and the defendant's domicile to Sue on the grounds that the defendant might raise jurisdictional objections. Defense lawyers believe that the jurisdictional objection is the defendant's right of action, and has nothing to do with the plaintiff's case. You can't build a case against a plaintiff for something that didn't happen. The lawyer also actively searched for the relevant evidence of the defendant's habitual residence, and found that the QR code for accounting testing during the epidemic contained the residence, which was also submitted to the court. Finally, the case was filed in the liberation Court to avoid filing in different places and save the litigation cost of the plaintiff.

Law link

Disputes over private lending shall, in accordance with the law, be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed. Therefore, the plaintiff has the right to choose, in accordance with the provisions of Article 35 of the Civil Procedure Law: "two or more courts have jurisdiction over the litigation, the plaintiff can Sue to one of the courts", so the plaintiff Liu Hongfei can choose to Sue in the court where the defendant is domiciliary, but also in the court where the contract is performed. The plaintiff, as the currency recipient, is regarded as the place where the contract is performed, so it can Sue at the plaintiff's domicile.

Lawyer's introduction

Ms. Zhang Xiaojuan is a practicing lawyer at Jinyan Law Firm. He graduated from Zhengzhou University with a bachelor's degree in law. He passed the National Legal Professional Qualification Examination in 2012 and obtained the lawyer qualification certificate in July 2014.

Good at marriage and family affairs, traffic accident damage compensation, loan disputes, criminal defense and other litigation business and related non-litigation legal services.

Contact information:

Phone: 18639164430

Email: 406140260@qq.com