Do I need to wait for a paper summons after receiving an electronic summons?

When the court serves a subpoena, if there is no special reason, it is best to sign for it, because regardless of whether the subpoena is signed or not, the subsequent litigation procedures will still proceed as usual. If the subpoena is not signed, the subsequent litigation will be against you. It is disadvantageous for you (the company) because you refused to accept the subpoena and did not attend the court session, which is equivalent to giving up your right to participate in the litigation such as producing evidence.

1. Methods of service of court summons

1. Direct service, the People’s Court directly delivers it to the recipient for signature

2. Mail service, The people's court mails the summons to the person to be served by postal express

3. Withholding for service, the servicer places the litigation document at the addressee's residence in accordance with the law and produces the legal effect of service Method of service

4. Electronic service. The People's Court uses 12368 SMS to serve the summons.

2. What preparations does the defendant usually do after receiving a court summons?

1. If the defendant recognizes the plaintiff’s claims, he will respond normally and try to settle as much as possible to achieve a more favorable result for himself.

2. If you do not agree, you should actively collect and prepare evidence that is favorable to you, and present evidence to the court within the time limit specified by the court.

3. If you feel that it is difficult to complete or you do not understand anything, you can ask a litigation attorney or consult relevant professionals.

3. The consequences of not attending court after receiving a summons

1. Summons to court

Summons refers to the people's court forcing the defendant to appear in court under legal circumstances. A coercive measure.

A summons is for a defendant who must appear in court. Article 109 of the "Civil Procedure Law of the People's Republic of China" stipulates: "If a defendant who must appear in court refuses to appear in court without justifiable reasons after two summonses, the people's court may summon him by arrest." Only defendants who must appear in court may be summoned. Only the defendant can be summoned.

Procedurally, the defendant who is to be summoned must be summoned by two summonses, that is to say, the court must issue two summonses before taking the summons. Justifiable reasons refer to force majeure causes or facts that make it difficult for the defendant to foresee and overcome difficulties on his own. Only in the absence of these justifiable reasons can the defendant be summoned.

The "Civil Procedure Law" stipulates that summons must be approved by the president. A custodial summons shall be issued. Therefore, if you are the defendant and must attend the court hearing, if you do not appear in court without a valid reason, the court can issue a summons to force you to appear in court.

2. Treated as withdrawn

The withdrawal of the lawsuit is directed at the plaintiff who filed the lawsuit.

According to Article 143 of the Civil Procedure Law, if the plaintiff refuses to appear in court without justifiable reasons after being summoned by a subpoena, or leaves the court midway without permission from the court, the case may be treated as withdrawn. That is, if you sue the court for a certain matter, and the court issues a summons to you to appear in court, but you have no valid reason and refuse to appear in court, the court may dismiss the case.

3. Default judgment

A default judgment is a judgment made by the court in the absence of one party. That is to say, if a judgment is made without you making any defense, then the result can be imagined. There is no non-receipt of a summons. Even if the person being summoned cannot be found, the court can announce the service. After a certain period of time, it will be deemed to have been received.

(1) If you are the plaintiff

The "Civil Procedure Law" stipulates that if the people's court rules that the withdrawal of the lawsuit is not allowed, and the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, A default judgment may be entered.

That is, you apply to withdraw the lawsuit, but the court does not allow it and issues a summons to you to appear in court. If you fail to appear, a default judgment can be made.

(2) If you are the defendant

The "Civil Procedure Law" stipulates that after being summoned by a subpoena, the defendant refuses to appear in court without justifiable reasons, or leaves the court midway without the permission of the court. , a default judgment is possible.

If you are sued to court, receive a summons, and refuse to appear in court without justifiable reasons, a judgment can be made even if you are not in court.

Legal basis:

"Civil Procedure Law of the People's Republic of China"

Article 109

People If a defendant who must appear in court refuses to appear in court without justifiable reasons after being summoned twice, the court may summon him by arrest.

Article 136

When hearing a civil case, the people's court shall notify the parties and other litigation participants three days before the hearing. If the trial is held in public, the names of the parties, the cause of the case, and the time and place of the hearing shall be announced.