How to check if you have been sued?

1. Receive a text message notification of prosecution from 12368, which contains the case number, court opening time, name of the court to be sued, cause of prosecution, and court opening time; 2. Receive a court summons sent by postal EMS, usually to Said that the court clerk in charge of your case will call the defendant on a landline to verify the delivery address before mailing the summons. If the lawsuit is filed at the defendant's residence, sometimes the defendant will be notified by phone to come to the court to collect the documents; 3. From Monday to Friday Call 12368 during the morning: 08:00 to 12:00 or afternoon: 14:30 to 18:30.

What to do after being sued

When being sued by a private prosecutor and brought to court, in order to better respond to the lawsuit, you should mainly prepare from the following three aspects:

(1) Appointment of a defender

Private prosecution cases are a type of criminal cases. Like public prosecution cases, both the defendant and the victim can appoint an attorney in accordance with the law. The defendant's attorney is called a defender; the victim's attorney is called an attorney ad litem. According to the provisions of Articles 32 and 40 of my country's Criminal Procedure Law, criminal suspects, defendants, and victims, in addition to exercising their own rights of defense and statement, may also entrust one or two people to serve as defense and litigation agents. In accordance with legal provisions, you can invite lawyers, people's organizations, or those recommended by the criminal suspect or defendant's unit, as well as the criminal suspect or defendant's guardian, relatives or friends to serve as defenders or agents ad litem to defend yourself and help state your opinions. . Some criminal suspects hire two defenders, one of whom is a lawyer because the lawyer knows a lot about the law; and the other is a relative, friend, or even a family member. Because they know something about themselves, they may work harder than lawyers when defending. With these two people complementing each other, coupled with their own full defense and reasoning, the effect may be even better. It is allowed to hire two defenders or litigation representatives, one of whom is a lawyer and the other is a relative or friend.

(2) Preparing for defense

In the stage of preparing for defense, the following aspects should generally be considered:

First, consider whether reconciliation can be passed method to cause the private prosecutor to withdraw the private prosecution. In accordance with legal provisions, the People's Court may conduct mediation on the basis of ascertaining the facts and distinguishing right from wrong in minor criminal cases that are handled only upon complaint and where the victim has evidence to prove the case. Before the judgment is pronounced, the private prosecutor may reconcile with the defendant or withdraw the prosecution. If the defendant indeed has committed illegal or criminal acts, he can obtain the private prosecutor's understanding through self-examination, public apology, commitment, compensation for economic losses, etc. If the defendant can pass the court's mediation, the private prosecutor can withdraw the case voluntarily. Private prosecution is a good solution.

Second, consider whether a counterclaim can be filed. If the private prosecutor slanders or slanders himself out of malicious intent, this is also not allowed. If it constitutes a crime, the defendant can file a counterclaim against the private prosecutor. , that is, let the private prosecutor be the defendant for a time. Of course, the counterclaim must meet the conditions for a counterclaim: that is, the object of the counterclaim must be against the private prosecutor, and the behavior of the private prosecutor does indeed constitute a crime; the content of the counterclaim must be related to the current case; and the case of the counterclaim must be within the scope of a private prosecution case.

Third, the defense must be conducted in accordance with the law, that is to say, the defense opinions proposed must have a legal basis. The so-called defense is nothing more than to explain that one is not guilty and the crime is minor, so that the court can get leniency, reduction or even exemption from criminal punishment. In order to respond in accordance with the law, it is necessary to fully understand the statutory and discretionary circumstances that allow the court to mitigate, mitigate, or even exempt the case from criminal punishment. The so-called statutory circumstances are the circumstances that are clearly stipulated in the Criminal Law and can lead to a lighter punishment. When the defendant makes his defense, he must think about his criminal behavior and the circumstances that warrant a lighter punishment, and he must fully explain these circumstances.

Legal basis:

Article 125 of the "Civil Procedure Law of the People's Republic of China" The people's court shall submit a copy of the complaint within five days from the date of filing the case. The defendant shall file a statement of defense within fifteen days from the date of receipt.

The defense statement shall state the name, gender, age, ethnicity, occupation, work unit, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.