1. What should I do if I am sued?
After being sued by others, you must collect evidence and actively respond to the lawsuit.
If the defendant has no objection to the jurisdiction, the following materials should be submitted when responding to the lawsuit:
1. Reply: one original and copies according to the number of plaintiffs; the defense should be submitted by the defendant Sign or stamp. If the defendant is a legal person or other organization, it shall be signed and sealed by the legal representative or person in charge.
The defense should state the defendant’s name, gender, age, ethnicity, occupation, work unit, residence and contact information; the name, residence and legal representative or principal person in charge of the legal person or other organization Name, title, contact information.
2. Evidence: One original and one copy according to the number of plaintiffs.
3. Defendant’s qualification information: If the defendant is a citizen, a copy of this ID card should be provided. If the defendant is a legal person or other organization, it shall provide a copy of the business license, a copy of the organization code certificate, the identity certificate of the legal representative or person in charge, and a copy of the personal ID card of the legal representative or person in charge.
4. If the defendant entrusts a lawyer to represent the respondent, he shall issue a power of attorney to the attorney and indicate whether it is a general authorization or a special authorization.
Second, is it okay not to file a lawsuit?
If the defendant fails to respond when summoned by the court in accordance with the law, which does not affect the normal session of the court, a default judgment may be made. If a defendant must appear in court, the court can use a subpoena to compel the defendant to appear.
Civil Procedure Law
Article 109 The People's Court may summon the defendant to appear in court, but refuses to appear in court without justifiable reasons after being summoned twice.
Interpretation of Civil Procedure
Article 241: If the defendant refuses to appear in court without justifiable reasons after being summoned by subpoena, or leaves the court midway without permission of the court, the people's court shall The court opens or continues as scheduled, and after hearing the claims of the parties present in court, the arguments of both parties, the submitted evidence and other litigation materials, a default judgment may be made in accordance with the law.
The impact of being prosecuted:
If the court files a case, the court will collect evidence in accordance with the law and start the trial process. The impact on the defendant cannot be judged, but the defendant should actively respond to the lawsuit. According to Article 125 of the Civil Procedure Law, the people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. The defense shall state the name, gender, age, ethnicity, occupation, workplace, residence and contact information of the defendant; the name, residence and contact information of the legal person or other organization and the name, position and contact information of the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense.
If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.
At the same time, if the court decides that the defendant loses the case and the judgment becomes effective, then the defendant should fulfill the court's decision, otherwise the court will take coercive measures, such as seizing the property of the party involved. In addition, according to Article 111 of the Civil Procedure Law, if a party or other person commits any of the following acts, the people's court may impose a fine or detain him or her according to the seriousness of the case; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(6) Refusing to fulfill the legally effective judgment or ruling of the People's Court.
To sum up, if Faguo is sued by others, the parties involved must not choose to evade, but need to respond to the lawsuit in a timely manner, collect relevant evidence, and safeguard their own rights and interests. Therefore, when handling, it must be combined with the actual situation. If you do not file a lawsuit, you will bear the risk of losing the lawsuit and harm your own interests.