Joke Collection Website - Public benefit messages - The court only informed the tentative hearing time, and the judgment was made by default without notice. Is it true?/You don't say.

The court only informed the tentative hearing time, and the judgment was made by default without notice. Is it true?/You don't say.

Generally, it will be delivered two months after the announcement.

The second paragraph of Articles 129, 130 and 13 1 of the Civil Procedure Law of People's Republic of China (PRC) clearly stipulates the judgment by default. Article 129 stipulates that if the plaintiff refuses to appear in court without justifiable reasons after being summoned by 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; Article 130 stipulates that if the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default; Paragraph 2 of article 13 1 stipulates that 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.

According to the above-mentioned legal provisions, the court may make a default judgment:

1. The plaintiff fails to appear in court without reason or withdraws from court without the permission of the court, and the defendant files a counterclaim;

2. The court ruled that the lawsuit was not allowed to be withdrawn, and the plaintiff refused to appear in court without justifiable reasons after being summoned by a summons;

3. After being summoned according to law, the defendant refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court;

4. The legal representative of the defendant with no or limited capacity for civil conduct refuses to appear in court after being summoned without justifiable reasons;

5. In the loan case, when the creditor filed a lawsuit, the debtor's whereabouts were unknown and he was summoned by the court after filing the case. After the expiration of the announcement, the debtor still refuses to respond to the lawsuit. If the loan relationship is clear, the judgment can be made by default after trial. During the trial, if the debtor leaves, his whereabouts are unknown and the loan relationship is clear, he may make a judgment by default;

6. In a divorce case, if the defendant's whereabouts were unknown when the plaintiff sued, and he still did not appear in court after being summoned by public announcement, he may make a judgment by default after hearing the case.

Article 78 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the service of litigation documents shall be directly served on the addressee. The addressee is a citizen, and I will not give it to his adult family members who live together to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, he may send it to the designated agent for signature. The date of receipt by the adult family members, legal persons or other organizations, litigation agents or agents of the addressee shall be the date of delivery.