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一、申请支付令 根据民事诉讼法第189条的规定,债权人请求债务人给付金钱、有价证券,可以依法向人民法院申请支付令。对债权债务关系明确合法的,人民法院自受理之日起15日内向债务人发出支付令,债务人自收到支付令之日起15日内不提出异议,又不履行支付令的,债权人可以向人民法院申请执行。这就是民事诉讼中的督促程序。它是民事诉讼中最简捷、最迅速的一种程序。因其无须传唤当事人,无须调查取证,无须开庭审理即可下达与判决书具有同样法律效力的支付令,从而大大节约了诉讼时间,节省了当事人的精力。
First, the application for payment order According to the provisions of Article 189 of the Civil Procedure Law, creditors request the debtor to pay money, securities, you can apply to the people’s court for payment order. If the debtor’s relationship with the creditor’s rights and debts is clear and lawful, the people’s court shall issue a payment order to the debtor within 15 days from the date of acceptance and the debtor will not file an objection to the debtor within 15 days from the date of receiving the payment order, nor may the creditor apply to the people’s court carried out. This is the supervisory procedure in civil litigation. It is the simplest and fastest procedure in civil litigation. Because they do not need to summon the parties, there is no need to investigate and collect evidence, and the court can issue a payment order with the same legal effect as the verdict without trial. As a result, the litigation time is greatly saved and the parties’ energy is saved.