1.Have you ever been sued after receiving a mediation text message?
1. I received a mediation text message and was sued.
However, if you do not receive other written materials and only receive text messages from the court mediation platform, it is very likely that it is fake, or the court sent the wrong number. Generally speaking, even if the court wants to organize mediation between the two parties, it will be served to both parties first.
If the text message received from the court regarding execution notice is true, then the user meets the conditions for application for execution objection and can apply for execution objection. Enforcement objection means that during the execution process, if a person outside the case raises a written objection to the subject matter of execution, the people's court shall review it within 15 days from the date of receipt of the written objection. If the reasons are established, the execution shall be suspended; if the reasons are not established, the execution shall be rejected.
2. According to Articles 45, 49, 50, 51 and 52 of the "Civil Procedure Law of the People's Republic of China", the parties have the right to The litigation rights and obligations are as follows:
(1) The parties have the right to appoint an agent. In order to ensure the smooth progress of the trial, all parties acting as general agents should appear in court to participate in litigation activities. Specially authorized parties may not appear in person in person and have their agents act on their behalf.
(2) The parties have the right to apply for recusal, collect and provide evidence, conduct debates, request mediation, and apply for enforcement.
(3) The party’s agent (with a lawyer’s license) may review the relevant evidence of the case before the trial, and may copy the relevant materials and legal documents of the case. The method of reviewing and copying the relevant materials shall comply with legal provisions.
Second, the process of prosecution
1. When one party files a lawsuit, he must first submit an indictment and submit corresponding copies according to the number of other parties. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, legal representative, or person in charge of the unit should be stated. The main body of the indictment shall state the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with an official seal.
According to the principle of "whoever asserts the claim must provide evidence", the plaintiff should submit the following materials when filing a lawsuit in court:
(1) Materials on the qualifications of the plaintiff. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; if the enterprise is the plaintiff, it should submit copies of business licenses, business registration certificates and other materials.
(2) Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and receipts, letters, etc.
2. When the parties submit documentary evidence to the court, they should fill in the evidence list in duplicate and indicate the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list, and one copy will be given to the parties and one copy will be filed.
3. The case-filing tribunal shall, within seven days after the parties have performed the necessary procedures and submitted relevant evidence materials, handle the case-filing procedures for cases that meet the conditions for case-filing; if the case-filing conditions are not met, it shall rule not to accept the case in accordance with the law.
4. The parties concerned shall prepay the case acceptance fee and other litigation expenses within seven days from the date of receipt of the acceptance notice. If you have any difficulties, you can submit a written application to our hospital for reduction, deferment or exemption within the pre-payment period. If they fail to pay fees within the due date or their written application for deferment, postponement or exemption of payment is not approved, our court will rule to automatically withdraw the case.
6. After the case is filed, the court will arrange the trial of the case. The parties concerned must obey the court's work arrangements. After the case is concluded, the litigation expenses will be settled in the financial office, so that any excess will be refunded and less will be reimbursed.
To sum up, if you receive a mediation text message from the court mediation platform, don’t panic. First, you must verify the authenticity of the message. If true, it generally means requiring the respondent to make pretrial adjustments. Of course, you can also find a reliable lawyer for legal advice. In addition, the specific procedures for prosecution have been expanded, so you can take a closer look if necessary.