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What happens if you don't receive the court summons and notice?

1. What happens if you don't receive the court summons and notice?

1. If the court fails to receive the summons and notice from the court, it can make a judgment by summons or default. If the defendant refuses to appear in court without justifiable reasons, he may make a judgment by default. It is illegal for the court to judge by default without a legal summons, which does not conform to legal procedures and can be appealed.

2. Legal basis: Article 144th of the Civil Procedure Law of People's Republic of China (PRC).

If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default.

Article 92

If the addressee's whereabouts are unknown, or it cannot be served by other means specified in this section, it shall be served by public announcement. Sixty days after the announcement, it shall be deemed to have been delivered.

When the announcement is served, the reasons and process shall be recorded in the file.

Second, what is the legal situation of default judgment in civil litigation?

1. If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawal; If the defendant counterclaims, he may make a judgment by default. In this case, the people's court can only make a judgment on the counterclaim, and may not make a judgment by default together with this case. Because of this lawsuit, the court should dismiss the lawsuit, but because the defendant filed a counterclaim, the plaintiff of this lawsuit became the defendant of counterclaim. Therefore, for the defendant's failure to appear in court, the court can make a default judgment according to law.

2. If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default;

3. If the legal representative of a party without civil capacity refuses to appear in court after being summoned by summons, the prosecution may be dismissed as far as the plaintiff is concerned; As far as the defendant is concerned, the judgment can be made by default;

4. The third person who has no independent claim is summoned by the people's court, refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court;

5. If the people's court decides not to withdraw the lawsuit, the plaintiff may make a judgment by default if he refuses to appear in court after being summoned by summons.

In a loan dispute case, if the debtor's whereabouts are unknown when the creditor brings a lawsuit, the people's court may, after accepting the case, announce the service and summon the debtor to respond. After the expiration of the announcement, if the debtor still fails to respond to the lawsuit and the loan relationship is clear, a judgment by default may be made after trial. During the trial, if the debtor escapes, his whereabouts are unknown, and the loan relationship is clear, the judgment may be made by default.