Will the court text you before issuing a subpoena?

Will the court send a text message before issuing a subpoena?

No, SMS cannot confirm the effective delivery of court information. The people's court has a formal service procedure for serving subpoenas. The first way to serve a summons is for the parties to sign it in person. Telephone notification is not a delivery method, you should deliver it directly in court. Identifying this kind of scam is also very simple.

1, the incoming call is an automatic voice call. It must be a liar. When the court informs to receive the subpoena, it must be notified manually by telephone;

2. When the court receives the notice of the summons, it will definitely tell you the case number of the case, when and where to pick it up, and the place where the summons is received must be in the court. If you can't provide the above information, you are a liar;

3. There is another way of identification. Some fraudulent calls are made manually at first, not by voice. You can ask the other party: which district court is it? Because most lawsuits are handled in grassroots people's courts, such as the people's court in XX District, not the court in your district, and usually have no jurisdiction;

4. Anyone who asks for bank account number, transfer or payment, especially if the name of the account to be transferred is the name of an individual rather than a company, must be a liar;

5, the phone can not be dialed back, it must be a liar. Some criminals use number change software.

How long does it usually take for the court to serve a summons?

1. If the whereabouts of the addressee are unknown, or the addressee cannot be served by other means as specified in this section, it shall be served. Sixty days after the announcement, it shall be deemed to have been delivered. When the announcement is served, the reasons and process shall be recorded in the file. In other words, if it cannot be delivered, the court will make an announcement. After the expiration of the announcement, the court will hold a hearing. If the parties fail to appear in court, they will be tried by default and a judgment will be made.

2. Before the people's court issues a subpoena, it will not send a short message to inform. If the people's court notifies the parties by summons, it shall directly serve the summons on the parties before issuing the summons. If the parties are absent, they may also be signed by adult family members living together. If an adult family member refuses to sign for it, the people's court may serve it by other means, and the summons may be left at the party's residence, and the service process may be recorded by taking photos and videos.

To sum up, court summons will not be delivered by SMS, so if you receive SMS summons, you must check the authenticity in advance.

Legal basis:

Article 85 of the Civil Procedure Law of People's Republic of China (PRC)

The period includes the statutory period and the period designated by the people's court.

The period is calculated in hours, days, months and years. The time and date when the period begins are not included in the period.

If the last day of the expiration of the period is a legal holiday, the first day after the legal holiday shall be the date of expiration of the period.

The period does not include the time in transit, and the litigation documents mailed before the expiration are not overdue.