How long does it take from being sued to receiving text messages and subpoenas?

How long does it take from being sued to receiving text messages and subpoenas?

How long can I get a subpoena after being sued for receiving text messages? When we have disputes with others, many people will protect their rights and interests through legal means. Prosecution is conditional and requires a certain process. Share with you, because how long does it take to get a subpoena after being sued for receiving text messages?

How long does it take for the defendant to receive the text message and the subpoena? 1 1. After filing the case, the defendant shall be served with a summons within 7 days. In real life, how long does it take for the court to receive a subpoena after filing a case? Generally within 10 days to one month.

2. After filing a case, the court should summon the defendant first and then notify the plaintiff. In other words, the court will call the defendant first. If the notice cannot be delivered directly, by lien, by entrustment or by mail, it will be delivered by announcement. The service of public announcement refers to the service of summons by newspaper, which is deemed to have been served 60 days after the date of public announcement.

Legal basis:

Article 128 of the Civil Procedure Law

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 receipt. 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.

How long does it take to get a text message before being sued? 2 what should I prepare for being sued and responding to the lawsuit?

The defendant is the defendant. Before the trial, the defendant needs to make the following preparations:

First of all, read the contents of the plaintiff's complaint and prepare a defense against the plaintiff's complaint;

Second, submit the evidence of your defense claim within the time limit stipulated by the court;

Third, appear in court on time according to the time and place stipulated by the court;

Fourth, if the defendant is not familiar with the proceedings, he can entrust a lawyer to represent him.

According to Article 125 of the Civil Procedure Law, 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 receipt.

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.

Consequences of not responding in civil litigation

Under normal circumstances, if the defendant fails to appear in court after receiving the summons, the judge can try by default, and if he has to appear in court but fails to appear in court, the court can force him to appear in court. During the trial, the judge will conduct a comprehensive review of the case, and both parties can give full evidence, cross-examine and express their arguments, giving up the right of reply, which is not conducive to the judge's finding out the facts and will bear adverse legal consequences. I suggest you prepare your defense in advance, attend the trial on time and safeguard your legitimate rights and interests.

Article 143 of China's Civil Procedure Law (revised 20 12) stipulates: "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 may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default. "

Article 144 stipulates: "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." However, if the defendant must appear in court, he may be summoned. According to Article 109 of the Civil Procedure Law: "If the defendant who must appear in court refuses to appear in court without justifiable reasons after being summoned twice, the people's court may summon him."

The defendant who must appear in court refers to the defendant who has the obligation to support, support and support, and cannot find out the case without appearing in court. See Article 1 12 of the Opinions on Civil Procedure: The defendant who must appear in court as stipulated in Article 100 of the Civil Procedure Law refers to the defendant who has the obligation to support, support and support, and cannot find out the case without appearing in court.

The defendant is not necessarily in a passive position in civil litigation activities, and it is indeed possible that the wicked will complain first. Therefore, there is no need for the defendant to panic after receiving the copy of the complaint from the court. The crux of the matter is that even if the defendant does not make any preparations, it will not affect the trial work of the court because of the defendant's attitude, which is very unfavorable to himself.

How long will it take from receiving the text message to receiving the subpoena before being prosecuted? 1. How do the parties need to respond?

The way of responding to the lawsuit is: actively negotiate with the other party to reach an out-of-court settlement; Actively submit relevant evidence materials to the court. Generally speaking, as long as the defendant responds to the lawsuit, he must first accept the complaint of others, write a defense or counterclaim and submit it to the people's court within the specified time, then collect the evidence needed for responding to the lawsuit, prepare for an active defense, and make a good defense at the court session.

Second, what is the process after being sued?

(1) After being sued, the people's court that accepted the plaintiff's lawsuit will serve a copy of the complaint to the plaintiff within the legal time. After receiving a copy of the complaint, you should be prepared to deal with the plaintiff's purpose and proposition, or write a defense or counterclaim. Submit the defense and counterclaim to the people's court within the prescribed time limit.

(2) If the defendant does not attend the court hearing or withdraws from the court without justifiable reasons, and the defendant does not need to appear in court, the people's court may summon him, and at the same time, the defendant who fails to appear in court after being summoned shall be tried in absentia.

(3) Collect evidence and actively respond to the defense.

Defense means defending yourself. When defending, you need to collect and prepare relevant evidence according to the facts put forward by the other party. When we cannot collect some evidence ourselves, we need the people's court to collect it. At this time, it is necessary to apply in writing to the people's court for expropriation. After these preparations are completed, they will wait for the people's court to hear the case.

During the trial, the court will ask both parties to cross-examine the evidence and reply in combination with the on-site cross-examination and the focus of the dispute. Therefore, it is necessary to know all the cases in advance, fully prepare the evidence materials, and be aware of them.

3. What is the procedure of prosecution?

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.

According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials when suing the court:

(1) The materials of the plaintiff's subject qualification. 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.

2. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. 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.

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

4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. 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 the fee within the time limit or the written application for deferment, deferment or exemption is not approved, our hospital will decide to withdraw the lawsuit automatically.

6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.

Don't be afraid of being sued. You should read the indictment carefully at the first time, and you can find a lawyer to help you deal with it. Write the corresponding defense or counterclaim and hand it over to the people's court within the prescribed time limit. The next period is to collect evidence, actively defend yourself, and never shirk responsibility.