Skills of not accepting court summons

1. What happens if you don't accept the court summons? What are the consequences?

1. What happens if you don't accept the court summons? The consequences are as follows:

(1) If the party refuses to sign the summons, the court will invite the representatives of the relevant grass-roots organizations or units to be present to explain the situation, record the reasons and date of refusal on the service receipt, and sign or seal it by the addressee and witness, leave the litigation documents at the addressee's residence or the addressee's residence, and record the service process by taking photos, videos and other means, which will be deemed as service;

(2) As long as the court thinks that the summons has been served according to law, it will be tried by default as usual, and whether the defendant participates in the trial will not affect the court's trial of the case;

(3) Direct service, also known as service, refers to the way that the people's court sends a special person to directly serve the litigation documents to the addressee for signature. Direct delivery is the most basic mode of delivery. If it can be served directly, it should be served directly to prevent delays in litigation and ensure the smooth progress of litigation procedures;

(4) Lien service refers to the mode of service in which the addressee places the litigation documents at the addressee's residence according to law when the addressee refuses to serve the litigation documents unreasonably, resulting in the legal effect of service;

(5) Entrusted service means that when it is difficult for the people's court in charge of hearing civil cases to directly serve litigation documents, it entrusts other people's courts to serve them on its behalf according to law. Entrusted service and direct service have the same legal effect.

2. Legal basis: Article 2 of People's Republic of China (PRC) Civil Procedure Law.

The task of the Civil Procedure Law of People's Republic of China (PRC) is to protect the litigants from exercising their litigation rights, ensure that the people's courts can find out the facts, distinguish right from wrong, correctly apply the law, hear civil cases in time, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the litigants, educate citizens to consciously abide by the law, maintain social and economic order and ensure the smooth progress of socialist construction.

Second, the identification skills

1, quickly determine the name of the unit where the industrial injury occurred. The unit did not buy work-related injury insurance for its employees, and the responsibility for compensation for work-related injuries was entirely borne by the employer. It is basically impossible to apply for work-related injury identification for employees on their own initiative, and even try their best to avoid the responsibility of compensation for work-related injuries. Even if you buy work-related injury insurance, the employer still needs to bear part of the liability for compensation, and there is also the possibility of not applying for work-related injury identification on its own initiative. As a work-related injury worker, if you don't know the exact name of the employer, you can't determine the object of recourse. Because in practice, many employees don't know the name of their own units, especially the subcontracting of projects. It is difficult for migrant workers like contractors to know who their employers are. Therefore, it is the most basic condition to determine the employer and the compensation subject of work-related injury compensation.

2. Collect and provide evidence materials to prove labor relations and the occurrence of work-related injuries. The two most basic and core conditions for determining work-related injuries are to prove labor relations and the occurrence of work-related injuries. Then, are there any labor contracts or work permits, employment certificates and other labor relations certificates signed by the unit? Are there any workers who witnessed the work-related injury at the scene willing to testify? These certification materials are necessary materials for applying for work-related injury identification. Without these materials, the administrative department of labor security will not even accept the application for work-related injury identification. Although injured workers may be able to collect some supporting materials, in more cases, injured workers cannot collect and provide relevant supporting materials by themselves. When necessary, professional industrial injury lawyers can investigate and collect supporting labor relations and prove the fact of industrial injury, and seek the help of the media and relevant departments through lawyers.

3. The employer does not apply for work-related injury identification, but it must apply for work-related injury insurance. Identification of work-related injuries is a very important link in dealing with work-related injuries. The identification of work-related injuries is first and foremost the obligation of employers. If the employer fails to apply for work-related injury identification within the prescribed time limit, the workers and their close relatives may apply within one year. Because there is a clear time limit for applying for work-related injury identification, the overdue labor security administrative department will not accept it, and recourse for work-related injury insurance benefits will not be supported by arbitration and the court. So don't believe that the employer has no false or insincere promises, so as not to miss the time limit for applying for work-related injury identification.