1. How to tell the truth after receiving a court summons? (1) First of all, it needs to be made clear that when the court serves the summons, it will not use the electronic voice system to notify, but generally it will be served manually or notified by the court staff.
(1) If it is delivered manually, the relevant court staff will serve legal documents such as subpoenas to the parties, and after verifying the information of the parties, there will be a process of signing;
(2) If the court staff calls, it is bound to clearly inform the parties of the specific circumstances of the case, and then ask them to get a subpoena from the court. They will never ask for irrelevant information such as ID number, bank account number and password on the phone.
(2) If you receive such a call, you must be calm and don't panic. You should call the public telephone number of the court in time or go directly to the court to inquire. Remember not to disclose personal information such as ID number, bank card and passbook password over the phone. If the situation is urgent, you should report the case to the public security organ in time, and don't be deceived.
Second, what are the ways to serve the summons (1)?
Lien service means that when the addressee refuses to serve the litigation documents unreasonably, the addressee places the litigation documents at the addressee's residence according to law, which has the legal effect of service. "Civil Procedure Law" stipulates: "The person served or his adult family members who live together refuses to accept the litigation documents. The addressee shall invite representatives of relevant grassroots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be deemed to be served with the signature or seal of the addressee and witness. " According to the Opinions, if the representatives or other witnesses of the relevant grass-roots organizations or units are unwilling to sign or seal the service receipt, the addressee shall record the situation on the service receipt and leave the service document at the addressee's residence, which is deemed as service. However, the conciliation statement shall be delivered directly to the parties themselves, and it is not applicable to lien delivery.
(2) Direct delivery
Direct service, also known as service, refers to the way that the people's court sends a special person to directly serve the litigation documents to the addressee for signature. Direct delivery is the most basic mode of delivery. In other words, everything that can be served directly should be served directly to prevent the delay of litigation and ensure the smooth progress of litigation procedures. Under normal circumstances, if the addressee is a citizen, the citizen will directly sign for it. When a citizen is absent, it can be signed by an adult family member who lives with him. However, in divorce cases, if I am absent and there are no other adult family members at home, it is not appropriate to use the other party's signature, because both parties have interests; If the addressee is a legal person, it shall be signed by its legal representative or the person in charge of the legal person responsible for signing; If the addressee is another organization, it shall be handed over to its principal responsible person or the person in charge of receiving the goods of the organization for signature; If the addressee has an agent ad litem, he may give it to him for signature; If the addressee entrusts an agent to the people's court, the agent shall sign for it.
However, the conciliation statement shall be delivered directly to me, and shall not be collected by others. Because once the mediation document is accepted, it will have legal effect; If the parties do not accept it, it shall be deemed that mediation is not established.
(3) Entrusted service
Entrusted service means that when the people's court in charge of hearing civil cases has difficulty in directly serving litigation documents, it entrusts other people's courts to serve them on its behalf according to law. Entrusted service and direct service have the same legal effect. The people's court responsible for hearing civil cases is called the entrusted court, and the court that accepts the service task is called the entrusted court. If the service is entrusted, a power of attorney shall be issued, and relevant litigation documents and service receipt shall be attached. The date when the recipient signs the receipt is the date of delivery.
(4) Delivery by post
Service by post means that the people's court sends the documents served to the addressee by registered mail through the post office. Practice shows that court mail service is usually a way of service when the addressee's residence is far from the court and it is difficult to deliver it directly. According to the Opinions, mail delivery should be accompanied by a receipt. If the date of receipt indicated on the registered letter receipt is inconsistent with the date of receipt indicated on the delivery receipt, or if the delivery receipt is not sent back, the date of receipt indicated on the registered letter receipt shall be the date of delivery.
(5) service of the announcement
Service by announcement means that the court makes the litigation documents public by posting announcements and publishing newspapers. After a certain period of time, it is regarded as a way of service in law. According to the provisions of the Civil Procedure Law, public announcement service can only be applied if the whereabouts of the addressee are unknown or the first five methods cannot be served. After 60 days from the date of announcement, the delivery of the announcement shall be deemed as the expiration of the announcement. The "Opinions" stipulate that when the announcement is served, it can be posted on the bulletin board of the court or the original residence of the addressee, or it can be published in relevant newspapers; If there are special requirements for the delivery method of the announcement, it shall be handled according to the special requirements. If a copy of the complaint or appeal is served by public announcement, the main points of the complaint or appeal, the time limit for the respondent to reply and the legal consequences of failing to reply within the time limit shall be explained; If the written judgment or ruling is served by public announcement, the main contents of the written judgment or ruling shall be explained; If it is a judgment of first instance, it shall also explain the right of appeal of the parties, the time limit for appeal and the people's court of appeal. When the people's court regularly pronounced a verdict, if the parties refused to sign the written judgment or ruling, it shall be deemed as served and the relevant information shall be recorded in the record.
(6) forwarding and service.
Service refers to the way that the people's court sends the litigation documents to the addressee's work unit for collection and then forwards them to the addressee. There are three cases of delivery: 1. If the addressee is a soldier, it shall be served by the political organ of a unit at or above the regiment level; 2. If the person subjected to execution is put into prison, he shall be transferred through his prison or labor reform unit; 3. If the addressee is undergoing reeducation through labor, it shall be transferred through his reeducation through labor unit. After receiving the litigation documents, the organs and units that transfer them on their behalf must immediately hand them over to the addressee for signature, and the date of delivery shall be the time when the addressee signs on the service receipt.
3. What does a court summons mean? Court summons is a written document issued by the people's court according to law, which requires the summoned person to appear in court at a specified time and place to participate in litigation activities or conduct other litigation activities. The court summons shall specify the name, gender, age, address, reasons for summoning, time and place of the case and other relevant matters. According to the provisions of China's Civil Procedure Law, summons is issued by the people's court, which is usually applicable to summoning the parties, and should be served directly on the summoned person in advance according to law.
The above details how to distinguish the authenticity of a court summons for you. Generally, the defendant will be served with a court summons, but if you want to inquire whether there is a court summons, you can apply to the local people's court for inquiry.