Joke Collection Website - Public benefit messages - If the text message sent by the court is not opened, is it considered undeliverable?
If the text message sent by the court is not opened, is it considered undeliverable?
In the court system, SMS delivery is a kind of "electronic delivery". For electronic delivery, the delivery date is the date when electronic data reaches the recipient's specific system. Prior to this, the court generally agreed to send it by SMS (generally agreed to send it electronically, and signed it when filling out the confirmation of the delivery address). As long as the text message is sent to your mobile phone, it will be regarded as delivery. As for whether to check or not, don't ask.
For example, according to the document of Qingdao Laoshan Court, in this case, both parties have clearly agreed on the service address and service method in the loan contract involved. Accordingly, the court pushed the copy of the case litigation document and the court summons to the mobile phone of the defendant's real name verification (binding Alipay) by SMS, which is an effective service.
Legal basis:
Article 87 of the Civil Procedure Law. With the consent of the person to be served, the people's court may serve litigation documents by fax, e-mail and other means that can confirm receipt, except for judgments, rulings and conciliation statements. If it is delivered by the way mentioned in the preceding paragraph, the date when it reaches the addressee's specific system by fax or e-mail shall be the date of delivery.
Article 135 of the Supreme People's Court's Civil Procedure Law stipulates that specific systems such as fax, e-mail and mobile communication can be used as delivery media for electronic service.
The date specified in the second paragraph of Article 87 of the Civil Procedure Law of the People's Republic of China when it is delivered to the specific system of the addressee shall be the date when the corresponding system of the people's court shows the successful delivery. However, if the date when the addressee proves that he arrived at his specific system is inconsistent with the date when the corresponding system of the people's court shows his success, the date when the addressee proves that he arrived at his specific system shall prevail.
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