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Is a mobile phone text message prosecution credible?
The text message lawsuit is not true.
The court will not serve summonses by text message. A subpoena is a written notice issued by the court at the beginning of specific procedures and litigation. There are several ways to serve legal subpoenas:
1. Direct service, also known as delivery service, refers to the People’s Court A method of service in which a special person is sent to deliver the litigation documents directly to the recipient to sign for receipt. Direct delivery is the most basic of delivery methods. That is to say, anything that can be served directly should be served directly to avoid delaying the litigation and ensure the smooth progress of the litigation process;
2. Service with lien means that the recipient unreasonably refuses to accept the application. When delivering a litigation document, the servicer places the litigation document at the addressee's residence in accordance with the law and produces the legal effect of service;
3. Service by commission refers to the person who is responsible for hearing the civil case. If it is difficult for the people's court in the case to directly serve the litigation documents, it shall entrust other people's courts to do the service on its behalf in accordance with the law. Entrusted service has the same legal effect as direct service.
Article 84 of the "Civil Procedure Law of the People's Republic of China" The service of litigation documents must be accompanied by a service receipt, and the recipient shall record receipt on the service receipt. Date, signature or seal.
The date of receipt signed by the recipient on the delivery receipt shall be the date of delivery.
Article 85 When serving litigation documents, they shall be delivered directly to the person to be served. If the person to be served is a citizen, he or she must hand it over to his adult family member who lives with him or her. If the person to be served is a legal person or other organization, the legal representative of the legal person or the principal person in charge of the other organization or the legal person or organization shall be responsible for the receipt. The recipient shall sign for receipt; if the recipient has a litigation agent, the document may be sent to his agent for signature; if the recipient has designated a collector to the people's court, the document shall be submitted to the recipient for signature.
The date on which the adult family member living with the recipient, the person responsible for receiving the document from a legal person or other organization, the litigation agent or the recipient signs on the delivery receipt shall be the date of delivery.
Article 87 With the consent of the person to be served, the people's court may serve litigation documents by fax, email, or other means that can confirm receipt, except for judgments, rulings, and mediation documents.
If it is delivered by the method mentioned in the preceding paragraph, the date when the fax, email, etc. arrives at the recipient's specific system shall be the date of delivery.
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