By arrest.
Article 109 of the "Civil Procedure Law": If a defendant who must appear in court refuses to appear in court without justifiable reasons after two summonses, the people's court may summon him by arrest.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court midway without permission from the court, a judgment may be made in default.
A default judgment is a judgment made by the court in the absence of one party, that is, a judgment made without you making any defense, so the result can be imagined. There is no non-receipt of a subpoena. Even if the person being summoned cannot be found, the court can announce the service. After a certain period of time, it will be deemed to have been received.
(1) If it is the plaintiff
Article 145 of the "Civil Procedure Law" stipulates that if the people's court rules not to allow the withdrawal of the lawsuit, the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons Yes, a default judgment can be made.
That is, you apply to withdraw the lawsuit, but the court does not allow it and issues you a summons to appear in court. If you fail to appear, a default judgment can be made.
(2) If it is the defendant
Article 144 of the "Civil Procedure Law" stipulates that after being summoned by a subpoena, the defendant refuses to appear in court without justifiable reasons, or fails to appear in court without permission from the court. If the person withdraws from court, a judgment may be made in default.
If you are sued to court, receive a summons, and refuse to appear in court to respond without justifiable reasons, a judgment can be made even if you are not in court. Extended information
If the plaintiff refuses to appear in court without justifiable reasons after being summoned, or leaves the court midway without permission from the court, the lawsuit may be dismissed.
That is to say, if you sue the court for a certain matter, and the court issues a summons for you to appear in court, but there is no valid reason and you refuse to appear, the court can dismiss the case.
Summoning to court
Summoning is a coercive measure in which the court compels the defendant to be brought to court for a hearing under statutory circumstances.
Therefore, the person who can be summoned can only be the defendant, and the defendant can only be summoned according to law after being legally summoned twice.
And only when there is no valid reason for not appearing in court can the person be summoned according to law. Justifiable reasons refer to force majeure causes or facts that make it difficult for the defendant to foresee and overcome difficulties on his own. Only in the absence of these justifiable reasons can the defendant be summoned.
In terms of procedure, a summons must be produced and the summons must be approved by the dean.
If a party fails to appear in court after receiving a court summons, three possible outcomes may occur, including trial in absentia, dismissal of the case, or summons to court. In response to different situations, the courts take different measures.