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Is it true that the pre-litigation notice was sent by SMS?
Whether it is the plaintiff or the defendant, after the case is accepted and filed, the court will serve you with a written summons with detailed information such as the cause of action, the time and place of the trial.
If you are informed of the hearing by other means, you can inform your court to ask. If it is true, you need a subpoena. Whether the notice of litigation is true or false must be based on the court summons.
Extended data:
In order to protect the legitimate interests of creditors, the pre-litigation preservation system stipulated by law, before bringing a lawsuit to the people's court, the parties can apply to the people's court for pre-litigation preservation, and the application for preservation needs to provide corresponding guarantees.
According to Article 93 of the Civil Procedure Law, if a party applies for pre-litigation property preservation, it must provide a guarantee.
1. After accepting the application for pre-litigation property preservation, the people's court shall decide to take pre-litigation property preservation measures according to the subject amount of pre-litigation property preservation and referring to the provisions of the Civil Procedure Law of People's Republic of China (PRC) on hierarchical jurisdiction and exclusive jurisdiction.
2. After taking property preservation measures, the people's court accepts the prosecution of the applicant and finds that the case is not under its jurisdiction, it shall transfer the case and the application fee for property preservation to the people's court with jurisdiction.
After the case is transferred, the pre-litigation property preservation ruling is still valid.
The actual expenses incurred due to the execution of the pre-litigation property preservation ruling shall be returned by the sued people's court to the people's court that made the pre-litigation property preservation in the application fee.
Range measurement:
Article 102 of China's Civil Procedure Law stipulates that property preservation is limited to the scope of the request or the property related to the case.
Property preservation shall be sealed up, detained, frozen or other methods prescribed by law. Property that has been sealed up or frozen shall not be sealed up or frozen again.
Article 103 Property shall be preserved by sealing up, distraining, freezing or other methods prescribed by law. After the property is preserved, the people's court shall immediately notify the person whose property is preserved.
Property that has been sealed up or frozen shall not be sealed up or frozen again.
According to Article 14 of the Supreme People's Court's Provisions on Strict Enforcement of People's Republic of China (PRC)'s Civil Procedure Law in Economic Trials, when the people's court takes property preservation measures, the scope of preservation is limited to the disputed property of the parties or the property of the defendant. No preservation measures shall be taken for the property of outsiders. If the respondent provides the corresponding amount and has property available for execution as a guarantee, the people's court shall promptly cancel the property preservation.
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