What if the person subjected to execution receives a court summons?

1. When the court serves a summons, if there is no special reason, it is best to sign for it, because the subsequent proceedings will proceed as usual regardless of whether the summons is signed or not. If the summons is not signed, the subsequent litigation will be unfavorable to yourself (the company). In short, actively respond to the lawsuit and avoid passive warfare.

2. After signing the summons, you must personally go to the court that issued the summons to understand the case at the first time, because you (the company) are the parties, and you have the right to check the complaint filed by the other party and the relevant evidence materials submitted. This is very important, because if you (the company) want to respond or even counterclaim, you must refute the evidence of the other party.

3. Ask the court for relevant materials about your (company's) participation in litigation: notice of rights and obligations, notice of responding to the lawsuit, notice of proof, etc.

4. After understanding the basic situation, it is best to consult a lawyer and ask the lawyer to analyze whether the other party's evidence can prove his claim or whether the other party is likely to win the case.

5, according to the lawyer's analysis and the specific circumstances of the case, consider whether to counterclaim, whether to apply for court investigation and evidence collection.

6. Collect and submit evidence materials beneficial to oneself (company), and apply for calling witnesses, etc. Within the time limit for proof. If you want to send counterclaims and materials to the court, it is suggested that you must use the safest EMS courier, and you must leave the courier's delivery certificate as auxiliary evidence for future litigation.

What is a court summons?

Court summons refers to a legal document prepared by the plaintiff and issued by the court to inform the defendant of the information being sued.

Responsibility for court summons:

The court summons requires the respondent to submit documents to the court within a specified time limit to respond to the lawsuit, or in the small claims court, the respondent can only attend the trial on a specific date specified in the court summons, and the respondent can also choose not to respond to the lawsuit and the court will make a judgment by default, but it needs to bear the risk of losing the case.

Common sense of court summons for personal civil disputes;

According to the law, the parties shall be notified by summons three days before the court session, and the defendant may reply in writing or in court after receiving the complaint. There is a date of trial on the court summons. In today's practice, some courts try simple cases, and they can also call the parties to appear in court.

Can I disappear after receiving a court summons?

1, summons. The Civil Procedure Law stipulates that the people's court may summon the defendant who must appear in court, and refuses to appear in court without justifiable reasons after two summonses. "The regulations indicate that subpoenas can only be applied to defendants who have to appear in court.

2. Default judgment. This is a judgment made without any excuse, and the result can be imagined. For the court to transfer tickets, there is no case of not receiving them. Even if the summoned person cannot be found, the court can announce the service, and it will be deemed as receipt after a certain period of time.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 85 The period includes the statutory period and the period designated by the people's court.

The period is calculated in hours, days, months and years. The time and date when the period begins are not included in the period.

If the last day of the expiration of the period is a legal holiday, the first day after the legal holiday shall be the date of expiration of the period.

The period does not include the time in transit, and the litigation documents mailed before the expiration are not overdue.

Article 143 If the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, they may be tried together.