Will you send a text message when you are sued?

Will you send a text message when you are sued?

Will you send a text message when you are sued? In fact, legal problems are very common in our lives. Laws exist in all aspects of our lives. Of course, the law covers a lot, and everyone knows very little. Will you send a text message when you are sued?

Will you be notified by SMS when you are sued? If 1 applies summary procedure after prosecution, it can be notified by SMS. After accepting the lawsuit, the people's court shall notify the parties concerned of the case that is tried by ordinary procedures, and shall not notify the parties concerned by SMS; When a case is tried by summary procedure, the parties and witnesses can be summoned, the litigation documents can be served, and the case can be tried by summary method. The people's court can notify the parties by SMS.

Relevant laws and regulations

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

Article 125 The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receiving the indictment. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.

Article 159 When trying a simple civil case, the basic people's court and the court dispatched by it may summon the parties and witnesses, serve litigation documents and try the case in a summary way, but the rights of the parties to state their opinions shall be guaranteed.

Will you receive SMS notification? Will the court call you to inform you that you are being sued?

I won't.

If you are sued by the court, the court will not inform the defendant, that is, you, by phone or text message. It is illegal to notify the defendant by telephone or SMS, and the court will not serve the summons by illegal' delivery'. The legal service methods of summons include announcement service, direct service, mail service, entrusted service and lien service. At the same time of service, the addressee must have a receipt for receipt.

Calling or texting someone in the name of the court to inform them that there is a court summons is fraud. Just like before, a liar called you and told you that they were from a local public security bureau, saying that there were prohibited items in your courier, and so on. These callers and text messages tell you that they are liars. Ignore him. If the police station suspects that there are illegal items in your courier, it will directly ask you to cooperate with the investigation.

How to write a complaint for trademark infringement

What should the exclusive owner of a trademark do if he encounters trademark infringement? The exclusive right holder of a trademark shall entrust a professional intellectual property lawyer to handle litigation matters. Of course, if the trademark owner can also write a complaint himself, the information of the complaint should include the plaintiff's information, the defendant's request for information prosecution, facts and reasons.

Since the complaint is a very professional legal document, if the trademark owner wants to write it himself, he should go online to retrieve some corresponding templates. The claim is closely related to the interests of the trademark owner, and the facts and reasons of the lawsuit are related to whether the party's claim can be supported by the court.

Therefore, when the exclusive right holder of a trademark needs to file a lawsuit, he should be cautious and hire a professional lawyer to handle it. You'd better not handle it without experience.

How to deal with trademark infringement

If the trademark registrant has never used the trademark involved, and there is no loss since it has not been used, the sued enterprise can be exempted from compensation as long as the infringement is stopped.

Article 60 of the Trademark Law of People's Republic of China (PRC) commits one of the acts listed in Article 57 of this Law, infringing on the exclusive right to use a registered trademark and causing disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.

When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.

If I am sued, will I be notified by SMS? 1. What should I do if I am sued?

Just respond positively.

1. After receiving the materials, analyze them carefully and respond actively!

2. Collect materials and evidence.

Second, how long will it take to open the court after the prosecution?

As the case may be, the court session is usually held within one month.

1, in three cases. The first is criminal cases, criminal cases. After the court receives a criminal case from the people's procuratorate and transfers it to the court, it usually conducts a summary trial within one month. Ordinary procedure. The trial will be held in more than a month.

2. The second case is a civil case. After accepting a case, the court of civil cases is generally divided into summary procedure and ordinary procedure. Summary procedures are usually carried out within one month. If it is an ordinary procedure case, the court will open within two months if it is not announced. If you want to send a notice to serve a copy of the indictment summons, it usually takes more than three months, and the court session lasts between four months. The third case is an administrative case. After receiving the lawsuit, the court of administrative litigation usually holds a court session once in more than one month.

Third, how to set the standard of prosecution fees?

The fee for divorce cases is 100 to 50 yuan, and the specific standards are as follows:

1, non-property cases refer to disputes and litigation cases concerning personal relations and personal non-property relations. The acceptance fee for property cases shall be levied on a case-by-case basis within the prescribed fee range, and the part involving property shall be handled according to different circumstances.

2, divorce cases, each charge 100 yuan to 50 yuan. In case of property division, the total amount shall not exceed 1 1,000 yuan, without additional charge; If it exceeds 1 10,000 yuan, the excess will be charged at 1%. Cases that infringe the rights of name, copyright, portrait, reputation and honor will be charged 50 to 100 yuan each.

In the case of intellectual property disputes, if there is no disputed amount, each piece shall be paid from 500 yuan to 1000 yuan; The disputed amount shall be paid according to the charging standard of property cases. Labor dispute cases, each pay 30 to 50 yuan. For other non-property cases, each piece 10 yuan will be paid to 50 yuan. Bankruptcy cases are calculated according to the total property value of bankrupt enterprises and the charging standard of property cases, and paid by half, but the maximum amount is not more than 6,543,800 yuan.

3. Property rights cases refer to litigation cases caused by property rights disputes. The acceptance fee for property cases shall be calculated and charged according to the principle of the value, amount and declining rate of the disputed property. The specific charging standard is: each piece is less than 1000 yuan and delivered to 50 yuan; If it exceeds 1 10,000 yuan to 50,000 yuan, it will be paid by 4%; The part exceeding 50,000 yuan to 654.38+10,000 yuan shall be paid by 3%; The part exceeding 654.38+10,000 yuan to 200,000 yuan shall be paid by 2%; The part exceeding RMB 200,000 to RMB 500,000 shall be paid by 1 and 5%; The part exceeding 500,000 yuan to113130,000 yuan shall be paid by 1%; The part exceeding 6,543,800,000 yuan shall be paid by 0.5%.

As long as you receive the materials, you can respond appropriately. Generally, for non-property cases, 50 yuan to 100 yuan is charged for each case, and 30 yuan is charged for labor disputes in 50 yuan. The collection of other prosecution fees depends on the nature of the case, and the charging standards are different.