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Will the judicial office contact you when collecting evidence?
Take overdue credit cards as an example. If the bank wants to collect evidence at home, it will generally sort out the cardholder's information first, determine the cardholder's home address and work address, and then bring relevant information to the door. After finding the cardholder at home, take photos at his residence and leave. The time will generally be controlled within 20 minutes, and the staff should adopt a gentle tone. It is forbidden for staff to quarrel or have physical conflicts with credit card customers, and they cannot enter the house illegally. If the cardholder is not at home, the staff can learn about the customer's living conditions through the property, neighborhood committees or neighbors to ensure that the cardholder can be found. After the door-to-door evidence collection, the staff will make a report based on the collected information and then submit it to the relevant person in charge for the record.
The evidence in Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts. Article 64 The parties have the responsibility to provide evidence of their own claims. Article 17 of the Provisions of the Supreme People's Court on Evidence in Civil Litigation meets one of the following conditions, the parties and their agents ad litem may apply to the people's court for investigation and collection of evidence: (1) The evidence applied for investigation and collection belongs to the archival materials kept by the relevant state departments and must be transferred by the people's court ex officio; (two) materials involving state secrets, commercial secrets and personal privacy; (3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons. Article 19 the parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence seven days before the expiration of the time limit for adducing evidence.
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