What if you owe money and don't get a court summons?

Don't panic when you receive a court summons. Look at the first-class complaint filed by the other party. You'd better ask a lawyer to help you analyze the legal risks. What if the perpetrator is sued for defaulting on others' payment, receives a court summons and is summoned by the court? After reading the following, I will sort out the latest content for you, which will definitely help you.

1. What should I do if the payment in arrears is summoned by the court?

First, look at the information on the subpoena and see which court sent it to you. The summons will have the phone number of the court, so as to get in touch with the court and verify the authenticity of the case and the summons. If there is any objection to the jurisdiction of the court, an application for objection to jurisdiction may be submitted to the court.

Second, make an appointment for a court judge to go to the court and copy the complaint and all the evidence materials submitted by the other party. Some friends panicked and took only one complaint, ignoring all the evidence. How can we make a scientific and reasonable analysis of this case without obtaining evidence from others?

Third, after you get the materials back, you must read them carefully immediately, and avoid being so-so. Write your own defense opinions against the other party's complaint and prepare the corresponding evidence. This process requires a lot of professionalism, so you'd better reply with the help of a lawyer or a professional. Then we emphasize a timeliness here. Now that you have all the materials, don't waste time, respond as early as possible and take the initiative in the case.

After many friends received the subpoena, it was almost time for the trial, only to remember to go to the lawyer with the materials and ask how to deal with this matter. The more so, the worse for yourself. This way will lead to many opportunities lost in vain. Litigation is like fighting a war, paying attention to strategic planning and memorizing to the last minute. Let's just say you killed yourself.

Fourth, after writing a defense opinion, it should be submitted to the court. Some friends prefer to submit it in court or not at all, which is not desirable. Because the other party makes his point clear first, the judge will be more or less preconceived. At this time, if you can express your views in time, then you can pull back the game.

Fifth, the case itself communicates with the responsible judge, asks the judge's opinion, and even seeks a solution from the judge. Judges are generally willing to communicate with you, because the purpose of judges is to finish the case, not to embarrass you. When communicating, you must pay attention to your words and tone. You should communicate, not blame.

Second, the way the court served the summons.

According to the law, after accepting a case, the court will serve all kinds of legal documents on the parties. These include: summons, publication of judgment documents, certificates and other documents. Moreover, in the process of conveying these legal documents, the court will adopt a variety of delivery methods, such as: mail delivery, electronic delivery, direct delivery, entrusted delivery, announcement delivery and so on. , so that the parties can receive these documents through various means.

3. What happens if the court summons is rejected?

(1) The court will directly reject the lawsuit application. However, this situation is mainly aimed at the plaintiff. For example, a person who had a dispute with others at first went to court to sue himself. After the court accepted it, he was mailed a summons. At this time, if he solved the problem privately, or because he didn't want to sue other things, he refused the court summons directly. Then in this case, the court can directly deal with the plaintiff's withdrawal. (That is to say, the case is over before it starts)

(2) The court will make a direct judgment in the absence of the parties. According to the provisions of China's Civil Procedure Law, if the people's court stipulates that the lawsuit cannot be withdrawn, if the court has served a summons on the plaintiff, but the plaintiff still does not appear in court, then the judgment can be made by default. However, the default judgment is very unfavorable to the parties who refuse. Think about it. The litigant appeared in court to defend himself. If it is the default treatment, then the court will listen to the other party's statement completely. The judgment in this case is of no benefit to the absent parties. Therefore, it is really unnecessary that the trial in absentia will generally lead to "debt" and "divorce".

(3) The court will summon the parties to appear in court. First of all, summons is a measure for the court to force the parties to take them to court. This situation is aimed at the defendant. Moreover, summoning mainly occurs in some family disputes, maintenance and other cases, which require the presence of both parties to facilitate mediation and problem solving. In addition, the condition of summoning must be: refusing to appear in court without justifiable reasons. (Justifiable causes mainly refer to some force majeure factors)

Note: Summons can only be executed with the approval of the President.

The above is the legal knowledge of how to deal with the latest arrears of payment by court summons. To sum up, if the arrears are court summons, first look at the information on the summons and see which court sent it to you, and then decide whether to hire a lawyer. If you have any other legal questions, please consult a lawyer, and we will serve you wholeheartedly.