How to deal with the summons received by the families of active servicemen?

What should I do if I receive a court summons?

I believe some people should be unfamiliar with court summons. For them, the first reaction is fear or fear. Of course, for people who often sue, they may wonder what I did wrong or who will deal with me. Therefore, no matter what kind of mentality you belong to, you should be cautious when you receive a court summons, but you don't have to be afraid. After a thorough understanding, anxiety will be eliminated.

First, confirm the authenticity of the "summons"

There are several ways for the general court to serve summons: telephone service, judicial express service, door-to-door service and announcement service. ......

If it is a telephone notification, how can I tell the truth from the false?

If it is a telephone notification, the fraudulent call is to make a voice call first, and then press the number to transfer to the manual service; The phone call of the court was done manually from beginning to end. If you encounter a voice call and then switch to manual service, it is usually a liar, so hang up quickly.

If the court tells you to get a subpoena, you will usually check your information on the phone first. For example, you may ask: Are you Zhang San? You have been sued by Li Si. Please go to a court to get a subpoena from a judge. "

The telephone number of a regular court is generally a fixed telephone, and it is generally not notified by a mobile phone number (the possibility that a judge or clerk uses a mobile phone equipped by the court is not ruled out), so after receiving the call, you can check whether it is the court's telephone number online. At present, it is usually notified by SMS (12368), and then the two parties communicate related matters by telephone.

Second, sign for the "summons"

When the court serves a summons, if there is no special reason, it is best to sign for it, because the subsequent proceedings will proceed as usual regardless of whether the summons is signed or not. If the summons is not signed, the subsequent litigation may be unfavorable to yourself (the company). In short, actively respond to the lawsuit and avoid passive warfare.

Third, understand the case.

After signing the summons, you must personally go to the court that issued the summons as soon as possible to understand the case, because you (the company) are the parties, and you have the right to check the complaint filed by the other party and the relevant evidence materials submitted. This is very important, because if you (the company) want to respond or even counterclaim, you must refute the evidence of the other party.

Fourth, I don't know how to consult a professional lawyer.

After understanding the basic situation, it is best to consult a lawyer and ask him to analyze whether the other party's evidence can prove his claim or whether the other party is likely to win the case. According to the lawyer's analysis and the specific circumstances of the case, consider whether to counterclaim or apply to the court for investigation and evidence collection.

Collect and submit evidence materials beneficial to oneself (company), apply for calling witnesses, etc. Within the time limit for proof. If you want to send counterclaims and materials to the court, it is suggested that you must use the safest EMS courier, and you must leave the courier's delivery certificate as auxiliary evidence for future litigation.

What should I do if I receive a court summons? What are the legal consequences if I don't go?

For many friends, the court summons is a very strange legal document. Most people don't even get a court summons for life. When they receive the summons for the first time, they will inevitably feel uneasy and uneasy. They don't know how to deal with it. Today, Lawyer Lu takes you into.

What should I do if I receive a court summons? What are the legal consequences of not going after receiving a court summons?

I hope you like it.

Court summons is a written document issued by the people's court according to law, which requires the summoned person to appear in court at a designated time and place to participate in litigation activities or conduct other litigation activities. It is very common in daily civil litigation activities.

What should I do if I receive a court summons?

0 1. Respond positively

There are many ways for the court to serve a summons, such as delivery, lien, announcement, entrustment and mailing. No matter how the court serves the summons, there is no special reason why it is best to sign the summons. After all, regardless of whether the summons is signed or not, the proceedings are generally carried out in accordance with normal procedures. When we are summoned by the court, we should respond positively to the summons instead of refusing to sign for it.

02. Confirmation of the case

Generally speaking, the summons will indicate the relevant cause of action. After signing the court summons, as a party, you must go to the court that issued the summons in time to understand the case. As a party (company), we can ask to see the complaint and relevant evidence submitted by the other party, which is very important for our subsequent responding work, and counterclaim in advance or prepare our own relevant evidence according to the actual situation of the case.

03. Access to information

After receiving the summons, you should take the initiative to contact the court, actively communicate with it, and ask the court for relevant materials, such as a notice of rights and obligations, a notice of proof, etc.

04. Case study

When we know the basic situation of the case from the court, we can consult a professional lawyer to find out whether the other party's evidence collection is sufficient, whether the evidence source is legal, whether the other party's claim is reasonable, and whether the court will support the other party's claim.

05. Defense plan

By consulting or hiring a lawyer, considering the lawyer's opinions and the specific case, decide whether to file a counterclaim with the court or apply to the court for investigation and evidence collection.

06. Evidence organization

Within the prescribed time limit for presenting evidence, as a party, it shall actively collect and submit evidence beneficial to itself, including documentary evidence, physical evidence, witness testimony and other forms. If it is necessary to file a counterclaim, the counterclaim and related materials shall be sent to the court in time by mail or in person, so that the court can join the trial or serve as auxiliary evidence for responding to the lawsuit.

07. Seek professional help.

When you receive a court summons, you really don't know what to do. The most convenient and quick way is to entrust a professional lawyer to handle it directly. After signing the agency contract, you can find a lawyer to handle the subsequent related work, and it is better to hand over the necessary professional affairs to professional people.

What are the legal consequences of not going after receiving a subpoena?

Many friends have an impulse to hide after receiving a court summons, or are unwilling to appear in court. What are the general consequences of not going to court after receiving a subpoena?

Generally speaking, there are two possible legal consequences of not going to court or playing missing after receiving a court summons, one is default judgment and the other is summons. If the defendant fails to appear in court without justifiable reasons after being summoned, or withdraws from court midway, the court may make a judgment by default. Although many people argue that they have not received a court summons, it is difficult to get support. After all, subpoenas can be served by announcement. In a trial by default, the party who does not appear in court will generally bear the unfavorable judgment result and make no defense. As far as summoning is concerned, China's Civil Procedure Law stipulates that the people's court may summon the defendant who must appear in court, and refuses to appear in court after two summonses without justifiable reasons. Therefore, as a defendant who must appear in court, if he does not appear in court, he may be summoned by the court.

In short, don't panic when you receive a court summons, and you don't have to hide. You must actively answer the lawsuit. If you are really worried about the trial, you can call a lawyer or entrust a lawyer to help you appear in court.

What should I do if I suddenly receive a court summons? The article tells you the correct way to open the court summons.

A summons/ticket

Suddenly received a court summons

Many people are at a loss.

What exactly is a subpoena?

Talk to you today!

court summons

It is a person who needs to be summoned and issued by the people's court according to law.

Go to the designated place at the designated time.

Generally speaking, a written document that appears in court to participate in litigation activities or conduct other litigation acts is like this.

Personal civil dispute court summons prompt

The court shall serve the summons on the parties and the notice of appearance on other litigants three days before the court session. The summons and notice shall specify the cause of action, the time and place of the hearing. In practice, the court can also notify the parties to appear in court by telephone when trying summary cases.

And get a court summons.

How should it be handled correctly? first

1. Beware of court summons for voice calls.

Fraudulent calls are usually voice prompts, then press 9 or something, and then transfer to manual service. In fact, the court called and told me that the subpoena was manual from beginning to end.

If you receive such a call, you should call the public telephone number of the court in time, or go directly to the court for enquiry. If you confirm that you are suspected of telephone fraud, you should report it to the public security organ in time.

2. Charge related fees

Anyone who claims to be summoned by the court

Be careful when asking for personal information such as bank account number and password! It's all a scam!

Article 29 of the Measures for Payment of Litigation Fees

The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.

Article 31 of the Measures for Payment of Litigation Fees

In cases where an agreement is reached through mediation by the people's court, the burden of litigation costs shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.

3. Forged court summons

Lawlessness, stepping on a minefield, being punished, non-negotiable

Paragraph 1 of Article 280 of the Criminal Law of People's Republic of China (PRC).

Whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.

On June 6, 20 19, the delivery of "Flash Letter+"in Changsha Intermediate People's Court was officially launched. Send "Flash Message+"SMS or "Flash Message+"MMS service summons with pop-up function to the mobile phone numbers of litigants through China Mobile, China Telecom and China Unicom!

▲ At the end of 2065438+09, the staff of the filing court of Furong District Court instructed the parties to use the notification service of "Flash Letter+"litigation activities.

Attach a link to the law.

Article 85 Direct service

Litigation documents shall be served directly on the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature. The date of receipt by the adult family members of the addressee, the legal person or other organization responsible for receiving the goods, litigation agent or agent shall be the date of delivery.

Article 86 lien service

If the addressee or his adult family members who live together refuse to receive the litigation documents, the addressee may invite the representatives of relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and the addressee and witnesses shall sign or seal the litigation documents and leave them at the addressee's residence; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.

Article 87 Electronic services

With the consent of the person to be served, the people's court may serve litigation documents by fax, e-mail and other means that can confirm receipt, except for judgments, rulings and conciliation statements. If it is delivered by the way mentioned in the preceding paragraph, the date when it reaches the addressee's specific system by fax or e-mail shall be the date of delivery.

Article 88 Entrustment and mailing

If it is difficult to serve litigation documents directly, it may entrust other people's courts to serve them on its behalf or by mail. If it is delivered by post, the date of receipt indicated on the receipt shall be the date of delivery.

Article 89 One of the transportation services

If the addressee is a soldier, it shall be transferred through the political organ of the unit at or above the regiment level.

Article 90 Forwarding and serving bis

If the person served is imprisoned, he shall be transferred through the prison to which he belongs. If the addressee is subjected to compulsory education measures, it shall be transferred through the compulsory education institution to which it belongs.

Article 91 Time limit for delivery

After receiving the litigation documents, the organ or unit that forwarded them must immediately hand them over to the addressee for signing, and the date of signing on the service receipt shall be the date of delivery.

Article 92 Service of Announcement

If the addressee's whereabouts are unknown, or it cannot be served by other means specified in this section, it shall be served by public announcement. Sixty days after the announcement, it shall be deemed to have been delivered. When the announcement is served, the reasons and process shall be recorded in the file.

trial by default

Refers to the judgment made by the court in the absence of one party. If you don't appear in court, it is equivalent to giving up the opportunity to defend yourself. The judgment made in this way is quite unfavorable to you.

If you are the defendant:

According to Article 144 of the Civil Procedure Law of People's Republic of China (PRC), 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, he may make a judgment by default.

If you are the plaintiff:

According to the provisions of Article 143 of the Civil Procedure Law of People's Republic of China (PRC), 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, the prosecution may be dismissed; If the defendant counterclaims, he may make a judgment by default.

According to the second paragraph of Article 145 of the Civil Procedure Law of People's Republic of China (PRC), if the people's court decides not to withdraw the lawsuit, if the plaintiff refuses to appear in court after being summoned by summons, he may make a judgment by default.

There are more powerful ones.

Be summoned to appear in court. "

Forced summons refers to the facts of the people's court.

Coercive measures to force the defendant to appear in court.

Article 109 of the Civil Procedure Law of People's Republic of China (PRC)

If the people's court refuses to appear in court after two summonses, it may summon the defendant to appear in court.

Step 1

Verify after receiving the court summons, then sign for it, and actively cooperate with the court.

Second step

After signing the summons, you should know the case from the court as soon as possible, check the complaint and evidence materials submitted by the other party against you, and get the materials you participated in the lawsuit: notice of responding to the lawsuit, notice of rights and obligations, notice of proof, etc.

Third step

If you have difficulty getting started, please ask a lawyer to analyze whether the other party's evidence can prove your claim and consider whether to counterclaim or apply to the court for investigation and evidence collection according to the specific circumstances of the case.

Fourth step

Collect evidence within the time limit for presenting evidence, defend the opposing party's claims, and apply for calling witnesses. If you send counterclaims and materials to the court, it is recommended to use safe express delivery and be sure to leave proof of delivery.

Step five

Appear in court on time at the time and place specified in the summons.

The purpose of serving a summons by the court is to protect the defendant's right to know and avoid being deprived of litigation rights. Only by understanding the case, actively presenting relevant evidence in court and explaining the facts to the judge can we better safeguard our rights and interests!