Did you get a phone call or a subpoena first?

Did you get a phone call or a subpoena first?

When we are sued, whether we receive a phone call or a subpoena first, when we encounter injustice, unfairness and injustice in our lives, we can defend our rights through legal means. Let's share with you whether we received a phone call or a subpoena.

Did you get the phone call or the subpoena first 1? First, do you receive the text message or the subpoena first?

You can't say whether the text message comes first or the subpoena comes first.

1. charged. After the case is accepted, the court will send a copy of the complaint to the defendant within 5 days, and generally issue a summons to the original defendant and the defendant in about 1 month.

2. SMS or summons may arrive first.

Second, how long will it take to open the court after the prosecution?

As the case may be, the court session is usually held within one month.

1. Let's talk about it in three situations. The first is criminal cases, criminal cases. After the court receives a criminal case from the people's procuratorate and transfers it to the court, it usually conducts a summary trial within one month. Ordinary procedure. The trial will be held in more than a month.

2. The second case is a civil case. After the court accepts a case, it is generally divided into summary procedure and ordinary procedure. Summary procedures are usually carried out within one month. If it is an ordinary procedure case, the court will open within two months if it is not announced. If you want to send a notice to serve a copy of the indictment summons, it usually takes more than three months, and the court session lasts between four months. The third case is an administrative case. After receiving the lawsuit, the court of administrative litigation usually holds a court session once in more than one month.

Third, how to set the standard of prosecution fees?

The fee for divorce cases is 100 to 50 yuan, and the specific standards are as follows:

1. Non-property cases refer to cases brought to court because of disputes between personal relations and personal non-property relations. The acceptance fee for property cases shall be levied on a case-by-case basis within the prescribed fee range, and the part involving property shall be handled according to different circumstances.

2. Divorce cases, each case 100 yuan to 50 yuan. In case of property division, the total amount shall not exceed 1 1,000 yuan, without additional charge; If it exceeds 1 10,000 yuan, the excess will be charged at 1%. Cases that infringe the rights of name, copyright, portrait, reputation and honor will be charged 50 to 100 yuan each.

In the case of intellectual property disputes, if there is no disputed amount, each piece shall be paid from 500 yuan to 1000 yuan; The disputed amount shall be paid according to the charging standard of property cases. Labor dispute cases, each pay 30 to 50 yuan. For other non-property cases, each piece 10 yuan will be paid to 50 yuan. Bankruptcy cases are calculated according to the total property value of bankrupt enterprises and the charging standard of property cases, and paid by half, but the maximum amount is not more than 6,543,800 yuan.

3. Property cases refer to cases brought by lawsuits due to disputes over property rights and interests. The acceptance fee for property cases shall be calculated and charged according to the principle of the value, amount and declining rate of the disputed property.

The specific charging standard is: each piece is less than 1000 yuan and delivered to 50 yuan; If it exceeds 1 10,000 yuan to 50,000 yuan, it will be paid by 4%; The part exceeding 50,000 yuan to 654.38+10,000 yuan shall be paid by 3%; The part exceeding 654.38+10,000 yuan to 200,000 yuan shall be paid by 2%; The part exceeding 200,000 yuan to 500,000 yuan shall be paid by 1.5%; The part exceeding 500,000 yuan to113130,000 yuan shall be paid by 1%; The part exceeding RMB 6,543,800+0,000 Yuan shall be paid by 0.5%.

Generally, the court session is held once a month, and the charge for non-property cases is 50 to 100 yuan, and the charge for labor dispute cases is 30 to 50 yuan. The collection of prosecution fees depends on the nature of the case, and the charging standards are different.

After the case is accepted, the court will send a copy of the complaint to the defendant within 5 days, and generally issue a summons to the original defendant and the defendant in about 1 month.

1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal. Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:

1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.

Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.

Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.

Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.

Six, after the completion of the filing procedures, the case shall be arranged by the court, and the parties shall obey the work arrangement of the court, and settle the litigation costs in the financial room after the case is closed.

Did you get a phone call or a subpoena first? 3 How to go to the prosecution process?

1, write a complaint, take a copy of the note+a copy of the ID card+a 1 inch photo to the local court for filing, and after filing the case;

Second, after filing a case, see which court is in charge of your case, and then serve the defendant with a court summons;

Third, hold a court session and state the facts and reasons in court;

Fourth, the court will issue a judgment after the court session for both parties to sign;

Fifth, if there is no appeal within/15 days after the collection, the judgment will take effect;

Sixth, the judgment will stipulate that the defendant will pay off the arrears within a few days after it takes effect. If the defendant does not pay at that time, he can apply to the court for enforcement until he gets the money he deserves.

Legal basis: Article 119 of the Civil Procedure Law of People's Republic of China (PRC), the prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.