Conditions for filing a debt collection lawsuit in Court

1. First, the debt dispute is still within the statute of limitations.

According to the 2015 Civil Procedure Code, the statute of limitations for filing a lawsuit is 02 years from the date an individual, agency or organization becomes aware of the infringement of their legitimate rights and interests. Previously, when the statute of limitations for filing a lawsuit expired, according to the 2005 Civil Procedure Code, you still had the right to file a lawsuit to the Court to claim property and the Court would still accept and resolve the case. However, according to the new Civil Procedure Code, this is no longer the case. The Court will still accept your debt collection lawsuit, but whether to consider or return the case depends on the explanation for the overdue lawsuit that you submitted.

2. The second is the filing of a debt collection lawsuit within the jurisdiction of the Court.

The litigant has the right to request the District Court where the defendant resides or works to file a lawsuit requesting the Court to resolve the case if the litigant is not abroad, the disputed property is not abroad and there is no need to entrust the case to a foreign agency. If the litigant is abroad or the disputed property is abroad or there is a need to entrust the case to a foreign agency, the litigant must request the Provincial Court where the defendant resides or works to file a lawsuit.

3. Third, the debt collection lawsuit file must be correct and complete.

Debt collection lawsuit file includes:

1. Debt collection petition form.
2. Loan papers and other documents.
3. Certificate from state agency on defendant's residence and work address
4. Identity card and household registration of the plaintiff
5. Documents proving that the case is still within the statute of limitations (if any).