What should I do if I receive an electronic summons?

when the court serves a subpoena, if there is no special reason, it is better to sign for it, because the subsequent proceedings will continue as usual regardless of whether the subpoena is signed or not. If you don't sign for the subpoena, the subsequent proceedings will be unfavorable to yourself (the company), because you refuse the subpoena and don't attend the court session, which is equivalent to giving up your right to give evidence and other litigation participation.

1. Service mode of court summons

1. Direct service, where the people's court directly delivers it to the addressee for receipt

2. Mail service, where the people's court sends it to the person who wants to serve the summons by express mail

3. Retention service, where the addressee places the litigation documents in the addressee's residence according to law and has the legal effect of service

4. Electronic service, which is used by the people's court.

2. What preparations do defendants usually make after receiving court summons?

1. If the defendant approves the plaintiff's claim, he will respond normally and try to reach a more favorable result through reconciliation.

2. If you don't approve, you should actively collect and prepare evidence that is beneficial to you, and give evidence to the court within the time limit set by the court.

3. If you feel that it is difficult or unclear, you can ask an agent ad litem or consult relevant professionals.

iii. Consequences of not going after receiving the summons to appear in court

1. Forcible summons to appear in court

Forcible summons refers to a compulsory measure taken by the people's court to force the defendant to appear in court under legal circumstances.

A subpoena is aimed at the defendant who must appear in court. Article 19 of the Civil Procedure Law of the People's Republic of China stipulates: "The people's court may subpoena the defendant who must appear in court and refuses to appear in court without justifiable reasons after being summoned twice." Only for defendants who have to appear in court can subpoena be applied.

procedurally, the defendant who has been subpoenaed must have been summoned twice, that is, the court must issue two subpoenas before taking the subpoena. Justifiable reasons refer to the reasons or facts of force majeure that make it impossible for the defendant to foresee and overcome difficulties on his own. Only when there are no such justifiable reasons can a summons be imposed.

According to the Civil Procedure Law, a summons for detention must be approved by the president. A subpoena shall be issued. Therefore, if you are the defendant, and you must attend the trial in court, if you don't appear in court without justifiable reasons, the court can force you to appear in court by summons.

2, according to the withdrawal of the case

the withdrawal of the case is aimed at the plaintiff who filed the lawsuit.

according to article 143 of the civil procedure law, if the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, it can be treated as withdrawal. That is, if you sue the court for something and the court summons you to appear in court, but you refuse to appear in court without justifiable reasons, the court can dismiss the lawsuit.

3. Default judgment

Default judgment A judgment made by a court in the absence of one party. That is, you made a judgment without any defense, so the result can be imagined for a long time. There is no failure to receive a summons. Even if the summoned person cannot be found, the court can announce the service, and after a certain period of time, it will be deemed to have been received.

(1) If you are the plaintiff

If the people's court decides not to withdraw the lawsuit according to the Civil Procedure Law, if the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, the judgment may be made by default.

that is, if you apply to withdraw the lawsuit, but the court refuses to allow it, and a summons is issued to you to appear in court, if you do not appear in court, you can make a judgment by default.

(2) If you are the defendant

, according to the Civil Procedure Law, if the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, you can make a judgment by default.

if you are sued to the court and received a summons, you can make a judgment even if you are not in court without justifiable reasons.

Legal basis:

Article 19 of the Civil Procedure Law of the People's Republic of China

The people's court may subpoena the defendant who has to appear in court twice and refuses to appear in court without justifiable reasons.

article 136

when trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the opening of the court session. If the hearing is held in public, the names of the parties, the cause of action and the time and place of the hearing shall be announced.