Did you get a text message or a subpoena first?

Did you get a text message or a subpoena first?

When we are sued, whether we receive a text message or a summons first, we can sue if we encounter something that cannot be solved. Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. So, shall we get the text message or the subpoena first?

I'm not sure whether to receive the text message or the summons first 1, depending on the specific operation process of the court.

Legal basis: 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. If the defendant fails to submit the defense, it will not affect the trial of the people's court.

If you are sued, you don't have to receive a court summons first. It depends on how the judge decides. Generally, you will call first, or you may receive a text message, and finally a written summons. Court summons is a written document issued by the people's court according to law, which requires the summoned person to appear in court at a designated time and place to participate in litigation activities or conduct other litigation acts.

legal ground

Article 146 of the Civil Procedure Law

If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a 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 147

If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default.

Do you get a text message or a subpoena first when you are sued? 1. Did you get a text message or a subpoena first?

Whether to receive a text message or a summons first depends on different situations. I'm not sure whether the text message comes first or the subpoena comes first

1, sue. 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, in three cases. 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 accepting a case, the court of civil cases 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 disputes and litigation cases concerning 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 charge 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 rights cases refer to litigation cases caused by property rights disputes. 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%.

In contemporary society, if ordinary people want to receive a summons from the people's court, they may still have to pack it. However, because it is a civil case, it does not mean that whoever is accused must be at fault. Everything needs to be judged according to the court's trial. If there is a problem with the transfer of tickets, it needs to be judged according to the specific circumstances.

Do you receive a text message or a subpoena first? 1. How long will the overdue credit card be prosecuted?

General banks will not immediately sue for overdue credit cards. If it is overdue for more than a week, the bank will recover the debt by reducing the credit card limit. If the payment is overdue for more than one month, the bank will also notify the repayment by phone or SMS.

If the arrears are still overdue for more than three months, they will be handed over to a third-party collection company for dunning. If the arrears are still not returned, the bank may bring a lawsuit to the court to recover the arrears.

Second, there are two kinds of credit card overdue prosecution.

1, criminal proceedings

2. Civil litigation

There is a hard condition for overdue criminal proceedings of credit cards: the principal is owed more than 50,000 yuan, excluding interest and various expenses.

3. After being sued, the court will take the following measures.

1, the court held a hearing.

The court will hold a session at the appointed time. Even if the court doesn't respond to the lawsuit, it will be tried in absentia, and the verdict will generally meet the needs of the bank: repay the arrears in one lump sum and add litigation costs.

If you respond to the lawsuit, the court will organize mediation, mainly because the court will hear many such cases every year, and the evidence and facts are very simple. It's nothing complicated. It's basically assembly line operation.

In order to improve the settlement rate and trial efficiency, the court will organize mediation between the two parties. In this case, it is actually beneficial to the debtor, because the ultimate goal of the bank is to recover the arrears and will promise to make some concessions.

There are generally two kinds of mediation results:

(1), reduce the interest of liquidated damages for one-time repayment of arrears.

2. Repayment by installment. As for the number of stages, it is hard to say. The initiative is in the hands of the bank. According to years of experience, the number of stages is not ideal.

The bank will apply to the court for enforcement.

If you fail to fulfill the corresponding repayment obligations in time according to the provisions of the mediation book or judgment after the two parties reach a mediation or the court makes a judgment, the bank will apply to the court for enforcement with the mediation book or judgment.

At the same time, the bank is likely to apply to the court to seal up and freeze your bank account, real estate and other property. After receiving the application, the court will inform you to fulfill your repayment obligations and seal up and freeze your property, bank deposits and other properties.

Those who have the ability to perform and refuse to perform their repayment obligations will be listed as untrustworthy executors by the court upon application by the bank, that is, "Lao Lai".

Of course, you really have no other property to execute, and the court will also decide to terminate this execution.

In short, if the credit card is sued by the bank after it is overdue, it is an effective way to actively respond and take the initiative to raise money for repayment. If you choose to escape, the result will only be worse. It is best to consult with the bank before the bank sues to avoid unnecessary troubles caused by being sued.