Joke Collection Website - Talk about mood - What happens if you don't go after a court summons?
What happens if you don't go after a court summons?
1, there are two consequences if you don't go after receiving a court summons:
(1) Compulsory summons refers to a compulsory measure taken by the people's court to compel the defendant to appear in court under legal circumstances. It is aimed at defendants who must appear in court;
(2) Default judgment, which is a judgment made without any defense, and the result can be imagined. There is no one who does not receive a subpoena. Even if the summoned person cannot be found, the court can also announce the service, and it will be regarded as received after a certain period of time.
2. Legal basis: Article 112 of People's Republic of China (PRC) Civil Procedure Law.
If the people's court refuses to appear in court after two summonses, it may summon the defendant to appear in court.
2. What are the steps after receiving the court summons?
The steps after receiving the court summons include:
1. When the court serves you with a summons, you'd better sign for it if there is no special reason. Because whether you sign the subpoena or not, the subsequent proceedings will continue as usual. If you don't sign the subpoena, the subsequent lawsuit will be against you. In short, actively respond to the lawsuit and avoid passive warfare.
2. After signing the subpoena, you must go to the court that issued the subpoena in person to know the case at the first time. Because you are a party, you have the right to check the complaint filed by the opposing witness and the relevant evidence materials submitted. This is very important, because you are not stupid enough to respond or even counterclaim, you must refute each other's evidence.
3. Ask the court for relevant materials about your participation in litigation: notice of rights and obligations, notice of responding to the lawsuit, notice of proof, etc.
After understanding the basic situation, it is best to consult a silly lawyer and ask the lawyer to analyze whether the other party's evidence can prove his claim or whether the other party has the possibility of winning the case.
5, according to the lawyer's analysis and the specific circumstances of the case, consider whether to counterclaim, whether to apply for court investigation and evidence collection.
6. Collect and submit favorable evidence materials within the time limit for adducing evidence, and apply for calling witnesses. 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.
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