1. What should I do if I am sued?
If a person is sued, it is best to negotiate with the other party. If the other party has reasons, it shall fulfill the litigation request and ask the other party to withdraw the lawsuit. If you think that the other party is unreasonable, you should collect evidence, actively respond to the defense, and strive for your own victory.
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 receipt. 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.
Second, how to apply for a complaint if the second instance is not satisfied?
A criminal complaint may be filed by the defendant, the victim, the public prosecutor in a private prosecution case, the plaintiff in a criminal incidental civil action, the defendant, his legal representative and his near relatives. You can also appeal to the people's court that originally tried the case, the people's court at the next higher level or the people's procuratorate at the same level or at a higher level. When filing an appeal, you should submit a petition in triplicate. If the parties concerned, their legal representatives or close relatives believe that the legally effective judgment or ruling of the people's court is indeed wrong and lodge a complaint with the people's procuratorate, the people's procuratorate at the same level of the people's court that made the effective judgment or ruling shall handle it according to law.
If the parties concerned and their legal representatives or close relatives directly appeal to the people's procuratorate at a higher level, the people's procuratorate at a higher level may submit the appeal to the people's procuratorate at the same level of the people's court that made the effective judgment or ruling; If the case is serious, difficult or complicated, the people's procuratorate at a higher level may directly accept it. If the parties, their legal representatives and close relatives lodge a complaint against the legally effective judgment or ruling of the people's court, and the people's procuratorate decides not to protest after review, the people's procuratorate at the next higher level shall accept it.
In any of the following circumstances, the people's court shall retry the application:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the basic facts identified in the original judgment or ruling lack evidence to prove;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined.
To sum up, if you are sued, you can prepare the evidence materials within 15 days after receiving the copy of the indictment, but it is best to discuss with the other party first. If negotiation fails, you should go to court and ask the other party to withdraw the lawsuit, if it is reasonable.