I got a text saying that I was being sued. How can I tell the truth from the false?

First of all, to be clear, phone calls or text messages cannot be used as a channel to inform us of being sued.

The second section of Chapter VII of the Civil Procedure Law of People's Republic of China (PRC) has the following provisions:

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 85 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 delivery is the date when the adult family members, legal persons or other organizations of the addressee are responsible for receiving and the litigation agent or agent signs for it.

Article 86 If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; 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 With the consent of the person to be served, the people's court may serve litigation documents by fax, e-mail or 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 If it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their behalf or by post. If it is delivered by post, the date of receipt indicated on the receipt shall be the date of delivery.

Article 89 If the addressee is a soldier, it shall be delivered through the political organ of the unit at or above the regimental level where he belongs.

Article 90 If the person to be served is put in prison, he shall be transferred through the prison where 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 After receiving the litigation documents, the agency or unit that forwarded them must immediately give them to the addressee for signing, and the date of signing on the receipt shall be the date of delivery.

Article 92 If the whereabouts of the person to be served are unknown or cannot be served by other means specified in this section, it may 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 the course shall be recorded in the file.

Simply put, the court summons should be accepted in person in principle, because it must be signed and sealed by the addressee and the date of delivery. If the addressee is absent, it can be received by designated personnel, such as adult family members living together and authorized agents. If you refuse to accept the summons, you can still leave the litigation documents in place and record them according to the process, which will be regarded as receipt. When the parties are in some places that are inconvenient for communication, the relevant units can accept them on their behalf, but they must immediately hand them over to the addressee for signature. It is indeed because the recipient's address is unknown, the whereabouts are unknown and other reasons can not be delivered, which can be solved by announcement.

But we can be very sure that telephone calls and text messages are not the normal channels of litigation documents, and their biggest role is probably just that the courier informs you to come and sign for the documents.

Therefore, if you only receive the information that you are being sued by phone or SMS, you can basically judge it as false information. Please pay attention.