How to confirm the trial notice after receiving SMS?

Today, I received a consultation from a netizen, asking for help to see if the court notice is true. The notice reads as follows:

Court reminder

(Case 2022) Yu Xing Yu Zi Chu No.00039

Date of trial: March 2, 20221day.

Opening time: 10:00:00.

Cause of action: credit card overdraft

Defendant: Wang.

Id card: * * * * * * * * * *

Address: People's Court of High-tech Zone (please attend the court on time according to the specified time, etc.). , and refused to appear in court without justifiable reasons. According to Article 196 of the Criminal Law issued by the Ministry of Public Security of the People's Republic of China and the Supreme People's Procuratorate on March 5, 20 10, the court intends to seal up the property of you and your family, and the court will also sentence you to three to five years' imprisonment. See article 196 of the Criminal Law of People's Republic of China (PRC) for details. If in doubt, please contact the law firm in time: * * * *.

Obviously, this notice was not issued by the court, but by someone else under the guise of the court. Under normal circumstances, the court will not serve you by SMS or WeChat, unless you have been to the court to verify the case, fill in the address confirmation letter, and agree that the court will serve you by WeChat or SMS. In this case, Wang has not been to the court and has not filled in the address confirmation letter, so it is impossible for the court to send the notice of hearing directly by SMS. If the address confirmation letter is not filled in, the court wants to send it by SMS, WeChat, etc., and the judge in charge will contact Wang himself in advance to confirm Wang's identity. After obtaining Wang's consent, it can be delivered by SMS, WeChat, etc.

Judging from the contents of the notice, we can also see that the contents of the notice are full of loopholes and obviously false:

First, the court usually sends the hearing information to the parties in the form of "summons", so the beginning is generally "XXXX people's court summons", so it is impossible to write "hearing reminder";

Second, the case number indicated in the notice does not comply with the law;

Third, the cause of action is also problematic. In civil cases, the only cause of action involving credit card is "credit card dispute", while in criminal cases, the only charge involving credit card overdraft is "credit card fraud". Therefore, the notice indicates that the cause of action is "credit card overdraft" regardless of the category, and it is impossible for the court to write the cause of action wrong;

Fourth, there is something wrong with the defendant's title. It is called "defendant" in civil cases, but it is called "defendant" in criminal cases, and the case number in the notice is the case number of criminal cases. However, the title of "defendant" is obviously contradictory in civil cases, and the ID number of the parties will not be indicated in criminal cases or civil cases, so the notice also clarifies Wang's ID number, which is obviously redundant;

Fifth, the court is not specific and clear. Most prefecture-level cities have high-tech zone people's courts, and the name of the court in the court summons cannot be abbreviated; In addition, the criminal law was promulgated not by the Ministry of Public Security and the Supreme People's Procuratorate, but by the National People's Congress. The legal consequence of the defendant's failure to appear in court is the trial in absentia, not the seizure of the property of the defendant and his family.

Sixth, the last sentence of the notice, "If in doubt, please contact the law firm in time", also revealed that this is not a court notice, and the notice issued by the court must be the contact way to leave the court, so it is impossible to contact the law firm. Then someone may ask if this is from a lawyer. Of course, it's impossible. Lawyers have professional knowledge of law, so it is impossible to issue such unprofessional notices. There are many problems.

Of course, the above problems are all found from the perspective of professionals. Most people don't know the relevant legal knowledge and can't find the corresponding problems. So, how do we judge whether these notices are true or not? I would like to remind you that without telephone contact, the court will generally not inform you directly by SMS or WeChat. If you receive a similar SMS notification, don't panic and don't believe it easily. First of all, you can look at the contents of the notice and recall whether you really had an argument with others. If there is indeed a dispute indicated in the notice, you can contact the filing court of the hospital by phone and ask if there is such a situation. If you are close to the court, you can also go to the filing court of the court with your ID card. If you do find the box, you don't have to be nervous. Countermeasures can be taken according to the plaintiff's prosecution, and lawyers can be entrusted if possible to minimize losses.

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