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Where to check if you are being sued?
Prosecution is the act of filing a lawsuit in court in accordance with the law and requesting the court to try a specific case. The prosecution of a criminal case consists in requesting the court to convict and sentence the defendant through trial; the filing of a criminal incidental civil lawsuit consists in requesting the court to hold the defendant accountable for financial compensation through trial. Prosecutions must be made by citizens or legal persons with the right to sue in a court of competent jurisdiction in accordance with the law. In China, the prosecution of criminal cases mainly refers to the public prosecution initiated by the People's Procuratorate. Only for complaints and other minor criminal cases that do not require investigation, the victim or his legal representative initiates private prosecutions; the filing of criminal incidental civil lawsuits, It can be the victim and his legal representative, or it can be the People's Procuratorate and the infringed legal entity.
The ways to check whether you are being sued are:
1. Log in to the court judgment document website and enter your name to check;
2. Bring your ID to the Check the local court hall;
3. Log in to the local People's Court announcement website for online query;
4. Call the local People's Court to report your name and ID number to the court. Personnel inquiry;
5. Inquiry through a copy of the complaint sent by the court, a summons or a text message notification from the court.
1. How to know whether you have been sued:
1. Whether you have received a court summons or a text message from 12368;
2. You can call Use the 12368 judicial service hotline to check whether you have been prosecuted;
3. You can go to the court with your identity document to check.
4. When you receive a court summons sent by postal EMS, generally speaking, the court clerk in charge of your case will call the defendant on a landline to verify the delivery address before mailing the summons. Local prosecutors will sometimes call the defendant to collect documents from the court;
5. Call from Monday to Friday in the morning: 08:00 to 12:00 or in the afternoon: 14:30 to 18:30 12368 Tel.
2. WeChat query method
1. Open the WeChat software and click City Services on the service interface to enter.
2. In the service hall interface, select case filing information query in the judicial service interface.
3. Finally, in the case filing information inquiry service, click on My Case to check whether you have been sued.
3. What will happen if you don’t handle the matter after being sued
1. Arrest and summon to court. Summons refers to a coercive measure used by the people's court to force the defendant to appear in court under legal circumstances. Zhaofa.com reminds you that if you are a defendant and must attend the court hearing, if you fail to appear in court without a valid reason, the court can issue a summons to you and force you to appear in court.
2. Default judgment. Default Judgment A judgment rendered by a court in the absence of one party.
3. There is no non-receipt of a subpoena. Even if the person being summoned cannot be found, the court can announce the service and after a certain period of time, it will be deemed to have been received.
4. How long is the statute of limitations for prosecution?
The statute of limitations for prosecution is generally three years. If the obligee makes a request within the statute of limitations stipulated by law, the court can force the obligor to perform its obligations; after the expiration of the statute of limitations, the court will no longer protect the obligee's right to claim.
5. Case litigation process:
1. Go to court to sue and submit a complaint to the filing division of the court with jurisdiction.
2. After case filing review, if the case filing conditions are met, the parties will be notified to pay the litigation fees within 7 days, and the case will be filed after payment. If the case filing conditions are not met, the case will be ruled inadmissible. If you are dissatisfied with the ruling to dismiss the lawsuit, you must appeal to the higher people's court within 10 days.
3. After acceptance, the court will serve a copy of the complaint to the other party within 5 days, and the other party will respond within 15 days, notify the party to exchange evidence, and make a property preservation ruling based on the party's application, and immediately Start implementation
4. Schedule the court session and notify the parties 3 days in advance of the court date, location, and person in charge; public hearing cases will be announced 3 days in advance.
5. Held in court.
6. Announce the verdict.
6. The People’s Court will handle the cases accepted according to the circumstances:
1. If the parties have no disputes and meet the conditions specified in the supervision procedure, they can be transferred to the supervision procedure;
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2. If mediation is possible before the court session, mediation shall be adopted to resolve the dispute in a timely manner;
3. Based on the circumstances of the case, determine whether simple procedures or ordinary procedures are applicable;
4. If a court hearing is required, the focus of the dispute will be clarified by requiring the parties to exchange evidence. Check with local police, port, and other judicial departments for verification.
Legal Basis
"Civil Procedure Law of the People's Republic of China"
Article 126 The people's court shall ensure that the parties concerned shall comply with the provisions of the law right to sue. Prosecutions that comply with Article 122 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.
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