Joke Collection Website - Blessing messages - Gitzo court prosecution warning letter. Is it true or not? I received a warning letter at home today. Will I go to jail?
Gitzo court prosecution warning letter. Is it true or not? I received a warning letter at home today. Will I go to jail?
The plaintiff brought a lawsuit to the court, and the court mailed the defendant the complaint, the notice of responding to the lawsuit, the notice of proof, the notice of litigation risk, the notice of collegiate bench members, the court summons, the integrity supervision card and other materials without any warning letter.
Gitzo is a civil loan dispute, and the Civil Procedure Law applies.
People's Republic of China (PRC) Civil Procedure Law
Article 84 There must be a receipt for the service of litigation documents, and the addressee shall record the date of receipt, sign or seal on the receipt.
The date of receipt by the addressee on the service receipt shall be the date of service.
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.
Extended data:
In order to urge the debtor to exchange money, the court will take payment orders and pay attention to distinguishing payment orders.
People's Republic of China (PRC) Civil Procedure Law
Article 214 Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
Article 216 After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance. If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court.
If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
References:
Baidu Encyclopedia: People's Republic of China (PRC) Civil Procedure Law
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