Should the debt lawsuit be mediated or prosecuted first?

Debt disputes are common disputes in real life. After creditors urge debtors to fail to repay their debts, many creditors will choose litigation to solve them. So if you receive a summons for arrears, should you mediate first or go to court directly? In order to help you better understand the relevant legal knowledge, we have compiled the relevant contents. Let's have a look.

1. Is it mediation or going to court directly after receiving the summons for arrears?

After receiving the summons, the court shall hold a hearing according to the time of the summons. After the hearing, both parties should clarify the situation and then mediate.

Second, the court summons can't be found, and the court is in session.

What are the legal consequences of not appearing in court after receiving a summons? 1, the default trial. There is no one who does not receive a subpoena. Even if the summoned person cannot be found, the court can also announce the service, and it will be regarded as received after a certain period of time. (1) If you are the plaintiff, the people's court decides not to withdraw the lawsuit according to Article 145 of the Civil Procedure Law. If the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, the judgment may be made by default. That is, you apply to drop the lawsuit, the court refuses, and a summons is issued to you to appear in court. If you don't appear in court, you can judge by default. (2) If you are the defendant, according to the provisions of Article 144 of the Civil Procedure Law, 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, you can make a judgment by default. If you are sued to the court and receive a summons, you can make a judgment even if you don't appear in court without justifiable reasons. 2. The handling of withdrawal mentioned here is aimed at the plaintiff. 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 withdrawing the lawsuit. 3. Compulsory summons is a compulsory measure for the court to bring the defendant to court under legal circumstances. Therefore, the object of summons can only be the defendant, and it can only be summoned according to law after being legally summoned twice. And only when there is no justifiable reason not to appear in court can the arrest be summoned according to law. Justifiable cause refers to the reasons or facts of force majeure that make the defendant unable to foresee and overcome the difficulties on his own. Summons can only be issued if there is no justifiable reason. Procedurally, the summons must show a summons card and be approved by the president.

3. What are the consequences of the defendant's refusal to accept the summons?

When the defendant refuses to accept the summons, the court may serve the summons by way of lien service or announcement service. In divorce proceedings, if one party refuses to appear in court, the court will summon the defendant according to law. If the defendant refuses to appear in court after being summoned without justifiable reasons, the court will generally close the case by default judgment in accordance with the provisions of the Civil Procedure Law.

The above is to give you a detailed introduction to the relevant knowledge about whether the arrears are first mediated or directly tried. To sum up, court mediation is conducted on a voluntary basis. If the parties mediate not far away, a judgment shall be made according to law. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to answer your questions.