In my opinion, finding the defendant is not the key, but finding the defendant's property is the key. Even if the defendant loses contact, sealing up and freezing the defendant's property can still safeguard the plaintiff's rights and interests.
Third, then, how to find the defendant's property clues? Don't worry, listen to me. Now that the case has been filed, it means that the plaintiff has the defendant's ID number, so we can follow this clue and investigate and collect evidence:
1. The lawyer brought a letter of introduction, a power of attorney and a copy of the lawyer's card to the police station to obtain the defendant's household registration information, and the defendant's household registration address and spouse identity information were all displayed;
2. The lawyer applied to the court for a transfer order, and went to the real estate department to retrieve the real estate files according to the household registration address. Property registered in the name of the defendant or his spouse may be sealed up;
3. The lawyer applies to the court for a transfer order, obtains marriage registration information from the Civil Affairs Bureau according to the defendant's ID number, and decides whether to add a spouse as the defendant according to the information content and creditor's rights certificate;
4. The lawyer applies to the court for a transfer order, and obtains information such as social security, pension, provident fund, work unit and salary account number from the labor bureau according to the defendant's ID number, so as to facilitate the seizure and deduction;
5. According to the ID number, you can also apply to the court for a transfer order, and go to the CBRC to obtain personal property clues such as insurance, stock certificates, vehicles, bank running water and equity.
4. When the other party's valid property clues were seized, the plaintiff changed from passive to active. After the judgment comes into effect, the defendant will take the initiative to come to the door for peace.
The people's court hearing civil cases is just like the law enforcement referee on the basketball court enforcing the law impartially, and the task of finding someone is definitely not suitable for the people's court.
After the plaintiff sued, the defendant disappeared. What should we do?
I thought you could ask the people's court to "announce and serve" the notice of responding to the lawsuit and the court summons to the defendant. The people's court may "hold a court session by default" and make a judgment at the court session time determined by the "announcement service". Even if the defendant does not receive the notice of appearance and the court summons, it is deemed to have been served.
The civil judgment of the people's court must still be served on the defendant by "announcement".
"Announcement service" is a service form stipulated by law. Cases served by public announcement in the national court system must be published in the People's Court Newspaper (Beijing). After the statutory time, the civil judgment can take effect.
After the civil judgment of the people's court takes effect, the plaintiff may apply to the people's court for compulsory execution.