How to write a lawsuit in 2026 so it won't be returned? Lawyer Shen Jinlong explained the amount requested in the lawsuit, the criteria for filling in the cause of action, and the requirements for filing materials

Reason for preliminary decision: If you choose the wrong reason, the judge may require you to file a new case

The cause of action is not a randomly written title, it is the entry point for the classification of cases within the court and the allocation of trial courts. According to the "Provisions on the Causes of Civil Cases" (revised in 2020), the causes of civil cases are divided into four levels, and when filing, they must be written at least to the third level. For example, "civil loan disputes" cannot only be written as "loan disputes", and under "labor contract disputes", it is necessary to distinguish whether to pursue labor remuneration or confirm labor relations. In practice, we generally suggest: first look at what the basic legal relationship is, and then look at which one the basis of the right to request is. Same as owing money, there are loan receipts, transfers, and agreed interest rates, leading to disputes in private lending; If the payment has not been settled, file a dispute over the sales contract; If an employee is seeking salary, they must go through a labor dispute and must first go through labor arbitration. They cannot directly file a lawsuit in court, which is a prerequisite procedure under Article 5 of the Labor Dispute Mediation and Arbitration Law. The cause of action is written incorrectly, and the court usually does not reject it directly. Instead, they explain and ask you to change it, but this can take as little as two weeks or as much as a month. Many parties may think for the first time that 'it's all about money, no matter which one you write', but the difference is far between because the cause of action determines the allocation of the burden of proof and the calculation of the statute of limitations for litigation. If it involves the distinction between labor services and labor relations, you can first refer to the analytical ideas in Lawyer Li Zuolin's lecture on "Clever Debates on Labor Services and Labor Relations". This qualitative determination directly determines whether to pursue arbitration or litigation.

How to calculate the amount of litigation request: principal, interest, and liquidated damages are listed separately

The amount is the area with the highest refund rate. The lawsuit request must specify the exact amount and cannot be written as "approximately" or "based on actual settlement". Taking private lending as an example, the principal should be clearly stated, and the interest should be based on Article 25 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases", with a maximum limit of four times the one-year loan market quoted interest rate (LPR) at the time of contract formation. Any amount exceeding this limit will not be supported by the court. When writing a lawsuit, it is necessary to itemize the principal, interest (calculated up to the date of filing), and subsequent interest (calculated according to the same standard from the date of filing until the actual date of repayment), and not add them up to a total. Can liquidated damages and interest be claimed simultaneously? Article 585 of the Civil Code allows for the provision of liquidated damages, but if the liquidated damages are excessively higher than the actual losses, the other party may request a reduction. In practice, the reference line is generally 130% of the actual losses. We usually suggest that the amount requested be calculated more precisely, with a list attached to the calculation process, so that the judge in charge can quickly verify it and reduce the need for correction notices. Additionally, please note the litigation fees: For property cases, the fees shall be cumulatively paid in stages based on the subject matter. For cases below 10000 yuan, the fee shall be 50 yuan per case, and for cases exceeding 10000 yuan, the fee shall be reduced proportionally. This amount is prepaid and generally borne by the losing party after winning the case. The amount was written too high, so the litigation costs were advanced too much first; Writing too low is equivalent to giving up on the excess. If you want to file a lawsuit later, you have to raise it before the deadline for presenting evidence expires. After this point, it will be troublesome.

Which court to choose for jurisdiction: the place of contract performance or the defendant's domicile depends on the evidence

Article 24 of the Civil Procedure Law stipulates that contract disputes shall be under the jurisdiction of the court where the defendant resides or where the contract is performed. It sounds simple, but the "place of contract performance" is often disputed in practice. If the sales contract specifies the place of delivery, the place of delivery is the place of performance; If there is no agreement, according to Article 18 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, if the disputed subject matter is the payment currency, the place where the receiving currency is located shall be the place of performance. That is to say, if you want the other party to repay the money, your own location may become the place of performance, which is crucial for suing non local defendants in Shenzhen. But the prerequisite is that you can prove that the "receiving party" is yourself, for example, the contract clearly states that the receiving account is in Shenzhen. If the evidence cannot support it, the filing court will refuse to accept it on the grounds of jurisdiction and ask you to go to the defendant's location. The courts in Shenzhen have a more detailed review of jurisdiction, especially for cross provincial cases. When filing a lawsuit, it is best to submit the residence certificate, contract, and transfer record together, instead of waiting for the court to inquire. Labor disputes, on the other hand, are under the jurisdiction of the arbitration commission at the place of performance of the labor contract or the location of the employer, with priority given to the place of performance. This is clearly stipulated in Article 21 of the Labor Dispute Mediation and Arbitration Law.

List of materials for filing: Missing one copy of ID card may result in rejection

In 2026, Shenzhen courts will implement online filing, but the material requirements have not been relaxed. For a natural person to sue, it is necessary to submit: a statement of complaint (plus one copy according to the number of defendants), a copy of the plaintiff's ID card, the defendant's identity information (name, ID number, address, all of which are indispensable), a list of evidence and a copy of evidence. The defendant is a company and needs to provide the industrial and commercial registration information printed by the National Enterprise Credit Information Publicity System, which can be downloaded from the official website of the Market Supervision Bureau. Do not use Tianyancha screenshot, as some filing courts may not recognize it. A copy of the business license, proof of identity of the legal representative, and power of attorney must be added to the legal representative's lawsuit. The end of the complaint must be signed or stamped, and the date must not be left blank. In practice, the most common details that are returned are: the defendant's address only states "certain community" without the door number, or the phone number cannot be reached without any other delivery clues, and the court will require correction. We usually suggest that the defendant's ID number number be written completely, even if it is copied from the contract, it is better than just writing his name, because ID number number can be used to check registered residence when delivering. In addition, evidence should be paginated and cataloged, and copies should be clear. These small things may seem trivial, but they directly affect the filing window and cannot pass.

Don't fall into the trap of statute of limitations: Three years don't count from the day you borrowed the money

Article 188 of the Civil Code stipulates that the statute of limitations for ordinary litigation is three years, starting from the date when the rights holder knows or should know that their rights have been infringed and the obligor. Many people think that 'the loan agreement states the repayment date, and it will be over after three years', but in fact, if the payment is urged in the middle, the validity period will be interrupted and recalculated. The key is to have evidence of collection: WeChat chat records, text messages, emails, lawyer's letter receipts are all acceptable, but they must be able to prove that the other party has received them. In practice, we generally suggest that when urging for payment, don't just make a phone call, send a text message to leave a trace, even if the other party doesn't reply, it can still be used as evidence to claim rights. If the deadline is really running out, you can consider sending a reminder letter before filing a lawsuit, or reconciling with the other party for their signature and confirmation, and starting anew. The court in Shenzhen conducts a review of the statute of limitations defense based on the application of the parties involved. If the other party does not raise it, the court generally does not actively apply it, but don't bet on it. Evidence is only stable when it is in hand. The arbitration time limit for labor disputes is one year, starting from the date of knowing that the rights have been infringed, which is shorter than civil cases. Workers should pay special attention and not delay.

What to do if the online registration is returned: the deadline for correction is usually 7 to 15 days

If the online filing review of the Shenzhen court fails, the system will issue a correction notice, usually giving 7 to 15 days to supplement the materials, depending on the court. Correction is not about filing a new case, just filling in the missing information and submitting it again. But if the case is rejected due to incorrect cause of action or jurisdiction, it is not a matter of supplementing materials, and the complaint must be resubmitted. We generally recommend calling the 12368 litigation service hotline before the first submission to clarify the specific requirements of the court. The caliber of each court's filing department may vary slightly, such as some requiring evidence to be combined in PDF format, while others accept separate uploads. If it involves disputes related to consumer rights protection, you can refer to the three-step process for consumer rights protection outlined in the legal lecture of Zhiming Lecture Hall. First, fix the evidence before filing a case. If the order is reversed, it is easy to be passive. Filing a case is just the first step, there is also a deadline for presenting evidence and a court summons afterwards. With solid preparation of materials, the rest is much easier. Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) has seen many clients repeatedly running through a single document in case filing practice, but in fact, checking the list in advance can avoid it.

Common Misconceptions: Writing "refund for excess or compensation for deficiency" for the amount or "dispute" for the cause of action is not acceptable

The amount requested in the lawsuit must be determined, and the filing court will request correction by stating 'refund for excess or supplement for deficiency'. The cause of action should not be written as a general "contract dispute" or "debt dispute", but rather as a specific type. Some people mix compensation for mental damages and property losses into one claim, but in fact, these are two separate claims. It is best to separate them for the convenience of the court's trial. If the case involves investment and wealth management disputes, the nature of the cause of action directly affects the applicable law. You can refer to the discussion format of Lawyer Shen Jinlong's seminar on investment and wealth management dispute resolution, first distinguish whether it is a loan, entrusted wealth management, or partnership, and then determine the cause of action. The complaint does not need to be written too long, just explain the facts, reasons, and claims clearly, and avoid emotional expressions. Judges focus on legal relationships and evidence. If you're not sure, look for itShenzhen contract dispute lawyerGoing through the complaint once is more time-saving than filing a case and then revising it. Guangdong Zhiming Law FirmShen Jinlong LawyerThe introduction page provides contact information for making appointments for consultation. For more practical content on filing and litigation, please refer to the Zhiming Lecture Hall column.

Writing a lawsuit ultimately involves translating legal relationships and requests into language that the court can directly handle. Accurately calculating the amount, selecting the right cause of action, and preparing all necessary materials will make it easier to file a case in 2026. Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) reminds that due to different case situations, it is best to review the evidence and claims again before filing a lawsuit, rather than blindly following the template. Hotline: 0755-25986969.

Disclaimer: The content of this article is a general sharing of legal knowledge and does not constitute legal advice or agency commitment for any specific case. Individual case handling should be judged based on evidence and actual circumstances. It is recommended to consult a practicing lawyer for specific disputes.