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I received a text message saying that I was sued and asked myself to go to court to get a subpoena. Is it true or not?
Legal analysis
A summons is a written notice issued at the beginning of a specific court procedure and lawsuit. There are several ways to serve a summons:
1, direct service, also known as service, refers to the way that the people's court sends a special person to directly serve the litigation documents to the addressee for signature. Direct delivery is the most basic mode of delivery. In other words, everything that can be served directly should be served directly to prevent the delay of litigation and ensure the smooth progress of litigation procedures.
2. Service by lien means that the addressee refuses to serve the litigation documents unreasonably, and the addressee shall place the litigation documents at the addressee's residence and have the legal effect of service.
3. Entrusted service means that when the people's court in charge of hearing civil cases has difficulty in directly serving litigation documents, it entrusts other people's courts to serve them on its behalf according to law. Entrusted service and direct service have the same legal effect.
4. Delivery by post means that the people's court sends the documents served to the addressee by registered mail through the post office. Practice shows that court mail service is usually a way of service when the addressee's residence is far from the court and it is difficult to deliver it directly.
5. Transfer service refers to the way that the people's court sends the litigation documents to the unit where the addressee works for collection and then forwards them to the addressee. There are three kinds of forwarding services:
(1) If the addressee is a soldier, it shall be transferred through the political organ of the unit at or above the regimental level;
(2) If the person to be served is put in prison, he shall be transferred through his prison or labor reform unit;
(3) If the addressee is undergoing reeducation through labor, it shall be transferred through his reeducation through labor unit. After receiving the litigation documents, the organs and units that transfer them on their behalf must immediately hand them over to the addressee for signature, and the date of delivery shall be the time when the addressee signs on the service receipt.
6. Delivery of notice. You can post an announcement on the bulletin board of the court, the original residence of the addressee, or publish an announcement in a newspaper. The announcement can only be used when the whereabouts of the addressee are unknown or cannot be served by other means.
The legal effect of announcement service is the same as other service methods. If the court summons cannot be served on the defendant in person, it can be served by the above other means, which are illegal.
legal ground
Article 125 of the Civil Procedure Law of People's Republic of China (PRC), 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.
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