Legal analysis

What if I am sued by the court?

1, sign for all kinds of litigation documents served by the court, including the notice of responding to the lawsuit, summons for court session, notice of giving evidence, etc. Some defendants refused to sign the legal documents of the court, and some deliberately avoided the court staff. In fact, these actions will only give people the impression that you are indefensible, and lawsuits are impossible to avoid. Refuse to sign, the court staff can be retained for service; Hide, the court can announce the service and the lawsuit will continue. Only by taking the initiative to sign for the various documents of the court can we know the arrangement of the court trial activities in time, know who is suing what, know the specific content of the other party's prosecution, and make targeted preparations.

2. You can conduct the lawsuit yourself, or you can entrust one or two agents ad litem as needed. If an agent is entrusted to represent the lawsuit, a power of attorney shall be submitted to the court. The power of attorney of a natural person shall be signed or sealed by the client; The power of attorney of a legal person shall be signed by the legal representative and stamped with the official seal. The power of attorney shall specify the entrusted matters and authority.

3. submit a defense. According to the law, the defendant should submit the defense within 15 days after receiving the copy of the complaint. When drafting the defense, we should pay attention to two points: first, pertinence, which can be aimed at one of the other party's claims or one or more factual reasons in the other party's complaint; Second, it's reasonable and well-founded, and we should use facts to refute each other's allegations. Some complaints, though brilliantly written and inspiring, are generous, but they don't put facts and reason against each other's allegations, but they just condemn each other blindly, and the effect is not good. In the defense, you can admit or refute the plaintiff's request. If you think that the other party has also violated the contract or other violations of legal rights in the dispute, you can also file a counterclaim.

legal ground

Article 126 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall inform the parties of the relevant litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.