Can I go directly to the court to get a subpoena after receiving the text message?

Can I go directly to the court to get a subpoena after receiving the text message?

Can I get a subpoena directly from the court after receiving a text message? The present world is a world ruled by law, and every country has its own laws, which is also one of the important factors to maintain national peace and stability. The following sharing has been sued. Can I go directly to the court to get a subpoena after receiving the text message?

Can I go directly to the court to get a subpoena after receiving the text message? 1 yes, but generally speaking, the defendant can receive a copy of the complaint and the court's notice of responding about five days after the plaintiff filed a lawsuit and was accepted by the court.

legal ground

Civil procedure law:

1. Article 125 The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receiving the indictment. The written defense shall specify the name, sex, age, nationality, occupation, work unit, domicile and contact information of the defendant, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.

If the defendant fails to submit the defense, it will not affect the trial of the people's court.

2. Article 126 The people's court shall inform the parties concerned of their litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.

3. Article 127 After the people's court accepts a case, if the parties have objections to the jurisdiction, they shall raise them during the period of submitting the defense. The people's court shall examine the objections raised by the parties. If the objection is established, the case shall be transferred to the people's court with jurisdiction. If the objection is not established, the ruling shall be rejected.

If the parties fail to raise any objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the people's court against whom the lawsuit is filed has jurisdiction, except those that violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.

Article 12 of the Provisions of the Supreme People's Court on Several Issues Concerning the Registration of People's Courts. After registration, the people's court shall promptly transfer the case to the trial court for trial.

5. "Several Provisions of the Supreme People's Court Municipality on Strictly Implementing the Time Limit System of Case Trial" Article 7 The filing institution shall transfer the case file to the court of first instance within three days after deciding to file the case.

Can I go directly to the court to get a subpoena after receiving the text message? 1. When I was sued, did I receive a text message or a summons first?

Whether to receive a text message or a summons first depends on different situations. I'm not sure whether the text message comes first or the subpoena comes first

1, sue. After the case is accepted, the court will send a copy of the complaint to the defendant within 5 days, and generally issue a summons to the original defendant and the defendant in about 1 month.

2. SMS or summons may arrive first.

Second, how long will it take to open the court after the prosecution?

As the case may be, the court session is usually held within one month.

1, in three cases. The first is criminal cases, criminal cases. After the court receives a criminal case from the people's procuratorate and transfers it to the court, it usually conducts a summary trial within one month. Ordinary procedure. The trial will be held in more than a month.

2. The second case is a civil case. After accepting a case, the court of civil cases is generally divided into summary procedure and ordinary procedure. Summary procedures are usually carried out within one month. If it is an ordinary procedure case, the court will open within two months if it is not announced. If you want to send a notice to serve a copy of the indictment summons, it usually takes more than three months, and the court session lasts between four months. The third case is an administrative case. After receiving the lawsuit, the court of administrative litigation usually holds a court session once in more than one month.

Third, how to set the standard of prosecution fees?

The fee for divorce cases is 100 to 50 yuan, and the specific standards are as follows:

1, non-property cases refer to disputes and litigation cases concerning personal relations and personal non-property relations. The acceptance fee for property cases shall be levied on a case-by-case basis within the prescribed fee range, and the part involving property shall be handled according to different circumstances.

2, divorce cases, each charge 100 yuan to 50 yuan. In case of property division, the total amount shall not exceed 1 1,000 yuan, without additional charge; If it exceeds 1 10,000 yuan, the excess will be charged at 1%. Cases that infringe the rights of name, copyright, portrait, reputation and honor will be charged 50 to 100 yuan each. In the case of intellectual property disputes, if there is no disputed amount, each piece shall be paid from 500 yuan to 1000 yuan;

The disputed amount shall be paid according to the charging standard of property cases. Labor dispute cases, each pay 30 to 50 yuan. For other non-property cases, each piece 10 yuan will be paid to 50 yuan. Bankruptcy cases are calculated according to the total property value of bankrupt enterprises and the charging standard of property cases, and paid by half, but the maximum amount is not more than 6,543,800 yuan.

3. Property rights cases refer to litigation cases caused by property rights disputes. The acceptance fee for property cases shall be calculated and charged according to the principle of the value, amount and declining rate of the disputed property.

The specific charging standard is: each piece is less than 1000 yuan and delivered to 50 yuan; If it exceeds 1 10,000 yuan to 50,000 yuan, it will be paid by 4%; The part exceeding 50,000 yuan to 654.38+10,000 yuan shall be paid by 3%; The part exceeding 654.38+10,000 yuan to 200,000 yuan shall be paid by 2%; The part exceeding 200,000 yuan to 500,000 yuan shall be paid by 1.5%; The part exceeding 500,000 yuan to113130,000 yuan shall be paid by 1%; The part exceeding RMB 6,543,800+0,000 Yuan shall be paid by 0.5%.

In contemporary society, ordinary people may still be packaged if they want to receive a summons from the people's court, but because it is a civil case, it does not mean that the accused person must be at fault. Everything needs to be judged according to the court's trial. If there is a problem with the transfer of air tickets, it needs to be seen according to the specific circumstances.

Can I go directly to the court to get a subpoena if I get a text message? 1. Can I get a subpoena from the court?

You don't have to legally say that the summons should be served by the court, not by the parties themselves, which is obviously irregular. But from the case, it is completely wrong to think that you can escape the lawsuit if you don't pick it up. In fact, even if your whereabouts are unknown, the court can announce the service. Upon the expiration of the 60-day period, it shall be deemed to have been delivered;

Even if the defendant does not appear in court, the court may judge by default. Once the judgment becomes effective, the other party may apply for enforcement. In this sense, it is better to get it, because you know a lot in your heart and you can actively prepare for responding to the lawsuit. Otherwise, the court will only listen to the plaintiff's side, which is very unfavorable to us.

Article link: Civil Procedure Law

1. Article 92 If the whereabouts of the person to be served are unknown or cannot be served by other means specified in this section, it shall be served. 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.

2. Article 144 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.

2. What if the summons is not served on the defendant?

Generally, the courts let the plaintiff find the defendant, but no one can announce the service.

If it is true that the other party has not been contacted and the summons has not been served according to law, it really should not be formally opened.

If the phone can't be contacted, you can provide a specific address, and on the premise that the court can't contact the other party, you can announce the service of the lawsuit. When the announcement expires, it shall be deemed that the other party has received it.

3. What are the ways to serve the court summons?

(1) A summons is a written notice issued at the beginning of a specific court procedure and lawsuit. There are several ways to serve a summons:

1, direct service, also known as service, refers to the way that the people's court sends a special person to directly serve the litigation documents to the addressee for signature. Direct delivery is the most basic mode of delivery. In other words, everything that can be served directly should be served directly to prevent the delay of litigation and ensure the smooth progress of litigation procedures.

2. Service by lien means that the addressee refuses to serve the litigation documents unreasonably, and the addressee shall place the litigation documents at the addressee's residence and have the legal effect of service.

3. Entrusted service means that when the people's court in charge of hearing civil cases has difficulty in directly serving litigation documents, it entrusts other people's courts to serve them on its behalf according to law. Entrusted service and direct service have the same legal effect.

4. Delivery by post means that the people's court sends the documents served to the addressee by registered mail through the post office. Practice shows that court mail service is usually a way of service when the addressee's residence is far from the court and it is difficult to deliver it directly.

5. Service refers to the way that the people's court sends the litigation documents to the unit where the addressee works for collection, and then forwards them to the addressee.