Presumably, many overdue online loans have received court summons from online lending companies or collection companies. I hope it will help everyone. I. Consequences of not accepting the court summons to demand arrears 1. Compulsory summons to appear in court refers to a compulsory measure for the people's court to force the defendant to appear in court under legal circumstances. The summons is aimed at the defendant who must appear in court. Article 109 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "If the defendant who must appear in court refuses to appear in court without justifiable reasons after being summoned twice, the people's court may summon him." Summons can only be applied to defendants who have to appear in court. Procedurally speaking, the defendant must have been summoned by two summonses, that is, the court must issue two summonses before accepting the summons. Justifiable cause refers to the reasons or facts of force majeure that make the defendant unable to foresee and overcome the difficulties on his own. Summons can only be issued if there is no justifiable reason. The civil procedure law stipulates that the summons must be approved by the president. A subpoena should be issued. Therefore, if you are the defendant, and you must appear in court to attend the trial, and you do not appear in court without justifiable reasons, the court can force you to appear in court by summons. 2. According to the withdrawal, the withdrawal is aimed at the plaintiff who filed the lawsuit. According to Article 143 of the Civil Procedure Law, if the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, the prosecution may be dismissed. That is, if you sue the court for something and the court summons you to appear in court, but you refuse to appear in court without justifiable reasons, the court may dismiss the prosecution. 3. Default judgment A judgment made by a court in the absence of one party. It is that you made a judgment without any excuse, so the result can be imagined for a long time. There is no one who does not receive a subpoena. Even if the summoned person cannot be found, the court can also announce the service, and it will be regarded as received after a certain period of time. (1) If you are the plaintiff, the people's court decides not to withdraw the lawsuit according to Article 145 of the Civil Procedure Law. If the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, the judgment may be made by default. That is, you apply to drop the lawsuit, the court refuses, and a summons is issued to you to appear in court. If you don't appear in court, you can judge by default. (2) If you are the defendant, according to the provisions of Article 144 of the Civil Procedure Law, if the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, you can make a judgment by default. If you are sued to the court and get a subpoena, you can make a judgment even if you don't appear in court without justifiable reasons. Second, what should I do if I receive a court summons? First, when the court serves a summons to you, if there is no special reason, it is best to sign for it, because whether you sign for it or not, the subsequent proceedings will proceed as usual. If you don't sign the subpoena, the subsequent lawsuit will be against you. In short, actively respond to the lawsuit and avoid passive response. Second, after signing the summons, you must personally go to the court that issued the summons to know the case as soon as possible. Because you are a party, you have the right to check the other party's complaint against you and the relevant evidence materials submitted. This is very important, because if you want to answer or even counterclaim, you must refute the evidence of the other side. Third, get the relevant legal documents and materials of your participation in the litigation from the court: the notice of rights and obligations, the notice of responding to the lawsuit, the notice of proof and so on. Fourth, after understanding the basic situation, it is best to consult a civil litigation lawyer and ask the lawyer to analyze whether the other party's evidence can prove his claim or whether the other party has the possibility of winning the case. Fifth, according to the lawyer's analysis and the specific circumstances of the case, consider whether to counterclaim or apply to the court for investigation and evidence collection. Sixth, collect and submit favorable evidence materials, and apply for calling witnesses within the time limit of proof. If you want to send counterclaims and materials to the court, it is suggested that you must use the safest EMS courier, and you must leave the courier's delivery certificate as auxiliary evidence for future litigation. 3. Do the plaintiff and the defendant have subpoenas? Both plaintiff and defendant have subpoenas. The above is the whole content of this article, from which we can know that it is a serious problem to refuse to go after receiving the court summons for arrears, and the court has the right to forcibly take the debtor to court. They are online 24 hours a day and can answer your legal questions at any time.
Legal objectivity:
People's Republic of China (PRC) Civil Procedure Law
Article 109
If the people's court refuses to appear in court after two summonses, it may summon the defendant to appear in court.
People's Republic of China (PRC) Civil Procedure Law
Article 144
If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default.