2. After signing the summons, you must personally go to the court that issued the summons to understand the case at the first time, because you (the company) are the parties, and you have the right to check the complaint filed by the other party and the relevant evidence materials submitted. This is very important, because if you (the company) want to respond or even counterclaim, you must refute the evidence of the other party.
3. Ask the court for relevant materials about your (company's) participation in litigation: notice of rights and obligations, notice of responding to the lawsuit, notice of proof, etc.
4. After understanding the basic situation, it is best to consult a lawyer and ask the lawyer to analyze whether the other party's evidence can prove his claim or whether the other party is likely to win the case.
5, according to the lawyer's analysis and the specific circumstances of the case, consider whether to counterclaim, whether to apply for court investigation and evidence collection.
6. Collect and submit evidence materials beneficial to oneself (company), and apply for calling witnesses, etc. Within the time limit for proof. If you want to send counterclaims and materials to the court, it is suggested that you must use the safest EMS courier, and you must leave the courier's delivery certificate as auxiliary evidence for future litigation.
Whatever the reason, it is definitely not a good thing to receive a subpoena from the court, especially for many people who have never entered the court. At this time, they may even be at a loss and have a series of questions: Is the summons true or false? What if the subpoena is true?
Because there have been many cases of cheating through court summons or other legal documents, some media even said that "any call claiming to be a public security law is a liar, so don't answer it." But this is a bit absolute, because obviously, after all, the court summons is a minority. In real life, it is entirely possible whether the court summons or issues a summons. Therefore, the key to the problem is how to distinguish between true and false.
Voice calls tell the person who received the summons that he is a liar!
Fraudulent calls are usually prompted by voice first, and then transferred to manual service by pressing 9 or something. In fact, the court called to get a subpoena, which was manual from beginning to end. Therefore, if you encounter a voice phone and get a subpoena, you must be a liar. Hang up!
I don't know about you. The phone that asked you to report it must be a liar.
If the court really issued a subpoena, someone must have sued you. In real life, if the court calls you to inform you that you have been sued, it will first verify your name and tell you the case, such as "Are you Zhang San?" "Li Si has filed a lawsuit with the court because of a contract dispute with you, please get a subpoena" and will tell you when and where to find someone to get it.
If someone takes the initiative to call you as a judge and then asks you to give your name and say that you want to know something about your case according to your name, it must be a liar.
Identify scams and master the key to prevention.
Of course, the fraud methods of scammers are also escalating. Some precision fraud scams, the liar may know your accurate identity information in advance, and even know that you just bought a house and a car. And set up scams according to these behaviors, and even use the number change software to increase confusion.
However, in the court summons scam, no matter how clever the liar is, there will always be clues. The court sent a summons to the parties. The contents of the notice are generally limited to the above basic contents. You will not be asked to provide bank card information, and you will not be asked to cooperate with the transfer. You will only be informed to go to court. If someone claims to be a judge but is interested in your money and bank card, the other person must be a liar.
In what way will the court serve the summons?
There are many ways to serve summons stipulated by law, and the common ones are: telephone service, judicial express service, door-to-door service and announcement service.
Of course, when the court issues a summons to the defendant for the first time, it usually calls the parties first and gets a written summons from the court.
What should I do if I get a real phone call to apply for a subpoena?
After receiving the phone call from the court, in the case of distinguishing the true from the false, the parties should write down the name and phone number of the judge or clerk, the specific place in the court to receive the summons, and confirm the specific time of collection. Remember to confirm the address clearly to avoid a trip in vain. If the judge informs that it is not convenient to collect the summons, he can negotiate with the judge and adjust the collection time according to his own time.
What will happen if you don't answer the phone?
Under normal circumstances, if the court does not notify the defendant by phone, or the defendant does not receive the notice, the court will serve the summons by judicial express or door-to-door service.
According to the law, the case cannot be tried before the summons is legally served. Some people say, can I hide out and not get a subpoena so that the court can't hear it? In real life, some people do try to evade legal responsibility in this way, but they can tell you responsibly that deliberately not cooperating with the court and setting obstacles for the delivery of subpoenas will not do you any good, but will only bring trouble.
According to the law, because legal documents such as subpoenas cannot be served in the normal way, the court can serve them by announcement. After the announcement period comes, whether the defendant actually receives the summons or not, the court can hear the judgment in absentia. And because you refuse to get a subpoena, the expenses incurred by the court through announcement (such as newspaper) shall be borne by you.
What problems should I pay attention to when I get a court summons?
Some people get emotional after receiving court summons. "The plaintiff's prosecution is unreasonable, what he said is a lie. Why did your court accept it? " Some people even refused to receive a subpoena and refused to go to court.
The court's acceptance of the plaintiff's lawsuit does not mean that it recognizes the plaintiff's demands. All right and wrong should be tried. Therefore, at this stage of receiving the subpoena, there is no need to toss. It is the right thing to come back to prepare the lawsuit and prepare sufficient evidence. If you refuse to cooperate with the court because you think the other party is unreasonable, or even absent from the lawsuit, it is really possible to ruin things, lose the right to defense and the opportunity to give evidence, and bear the responsibilities that you should not bear.
If the trial time is not suitable, it can be adjusted through consultation.
The judge gives a summons for the first time, and sometimes the court session time is uncertain, only the indictment and related materials are given. However, many will directly determine the court time and issue a court summons.
The plaintiff has made preparations when suing, and the defendant may need to prepare evidence and sort out materials. So if you feel that the court trial time is a little tight and you don't have time to prepare evidence, you can consult with the judge to adjust the time. At least according to the civil procedure law, the defendant can have a defense period of 15 days after receiving the summons, so if the defendant requests, the first hearing can be at least 15 days later.
The delivery address confirmation address must be accurate.
The confirmation of service address is a very important document. If the court requires you to sign this document, you must ensure the accuracy of the address and contact information.
Because in the future, the court may send subpoenas, judgments and other documents by express delivery according to the address you provided. If the document cannot be delivered because the address provided is wrong or no one receives it, the court may consider the document as delivered.
Missing the opportunity of hearing and appeal because of the wrong address may lead to nothing to say.
Pay attention to give evidence according to the time on the notice.
As for giving evidence, in most cases, you can give evidence in court when you are in court. If you feel that there is other evidence at the court session, you can also ask for evidence at the next court session.
However, it will be different if the court issues you a certificate notice. Please pay special attention to the time limit on the notice of proof. It is very important to provide evidence to the court within the time limit set by the court. Remember, remember.
Although some people received the notice of proof, they didn't notice the existence of this document at all, which led to the loss of the right to give evidence in a limited time and eventually led to the failure of the case.
Litigation is no joke. If you receive a court summons, you must pay attention. You can't make some mistakes you shouldn't make when you get a subpoena, ignoring some things you should pay attention to. If the case is serious or complicated, it is recommended to hire a professional lawyer to assist, which is an important basis to ensure that your rights and interests will not be lost.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 125 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.
Article 126 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
Article 127 The people's court shall handle the following prosecutions separately according to the circumstances:
(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case in which a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit;
(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.
Article 128 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 defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; 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.
Article 129 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.