How to file a lawsuit and procedures for handling civil debt collection lawsuits

How to file a lawsuit and what are the procedures for receiving and processing civil debt collection lawsuits?

This article provides detailed instructions on how to file a lawsuit and the procedures required to receive and process a civil debt collection lawsuit. It provides information on the legal process in Vietnam, helping people and organizations understand the steps to take to protect their rights in financial disputes, thereby ensuring the lawsuit process goes smoothly and effectively.

1. How to file a civil debt collection lawsuit?

Pursuant to Article 190 of the 2015 Civil Procedure Code, the plaintiff shall submit a petition with the documents and evidence he/she currently has to the Court with jurisdiction to resolve the case by the following methods:

- Submit directly to the Court;

- Send to the Court by postal service;

- Submit online electronically via the Court's Electronic Information Portal (if available).

+ The plaintiff must access the Court's Electronic Information Portal, fill in the petition, sign it electronically and send it to the Court.

+ Documents and evidence attached to the petition must be sent to the Court via the Court's electronic information portal.

2. What is the procedure for receiving and processing civil debt collection petitions?

Pursuant to the provisions of Article 191 of the 2015 Civil Procedure Code, some provisions are amended by Clause 1, Article 78 of the 2023 Law on Consumer Rights Protection, the procedure for receiving and processing civil debt collection petitions is as follows:

Step 1: The Court's petition receiving department must receive petitions submitted directly to the Court or sent by post and must record them in the petition receiving book.

In case the Court receives a petition submitted online, the Court must print out a paper copy and record it in the petition receipt book.

Upon receiving a directly submitted petition, the Court shall immediately issue a certificate of receipt to the petitioner.

In case of receiving the petition via postal service, within 02 working days from the date of receipt of the petition, the Court must send a notice of receipt to the plaintiff. In case of receiving the petition by online submission, the Court must immediately notify the plaintiff of the receipt of the petition via the Court's electronic information portal (if any).

Step 2: Within 03 working days from the date of receipt of the petition, the Chief Justice of the Court shall assign a Judge to review the petition.

Step 3: Within 05 working days from the date of assignment, the Judge must review the petition and make one of the following decisions:

- Request to amend or supplement the petition;

- Carry out the procedure for accepting the case according to the normal procedure or the simplified procedure if the case meets the conditions for settlement according to the simplified procedure prescribed in Clause 1, Article 317 of the 2015 Civil Procedure Code;

- Transfer the petition to the competent Court and notify the petitioner if the case falls under the jurisdiction of another Court;

-Return the petition to the petitioner if the case is not within the jurisdiction of the Court.

Step 4: The results of the Judge's handling of the petition as prescribed in Clause 3, Article 191 of the 2015 Civil Procedure Code must be noted in the petition receipt book and notified to the plaintiff via the Court's Electronic Information Portal (if any).