Traditional Culture Encyclopedia - Hotel franchise - There is a hotel that owes me 10,000 yuan in payment and an iou. If I sue, how long will it take to get my money back?
There is a hotel that owes me 10,000 yuan in payment and an iou. If I sue, how long will it take to get my money back?
1, the people's court shall conclude the case within three months from the date of filing the case;
2. A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
3. Legal basis: Articles 149 and 16 1 of the Civil Procedure Law.
Second, the implementation period:
1. Cases in which the person subjected to execution has property available for execution shall generally be closed within 6 months from the date of filing.
2. Legal basis: "Provisions of the Supreme People's Court on Several Time Limits for People's Courts to Handle Execution Cases" Article 1 A case in which the person subjected to execution has property available for execution shall generally be closed within 6 months from the date of filing the case; Non-litigation enforcement cases should generally be settled within 3 months from the date of filing.
If it is necessary to extend the execution period under special circumstances, it shall be reported to the president or vice president of our hospital for approval.
The application for extending the execution period shall be filed within 5 days before the expiration of the time limit.
Three, the court execution of omission relief way:
1. If the grass-roots court fails to act, it may apply for promotion;
2. Legal basis: Article 226 of the Civil Procedure Law (revised 20 12) If the people's court fails to execute the application within six months from the date of receiving it, the executor of the application may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.
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