Will I be notified by text message if I am sued?
Will I be notified by text message if I am sued? Legal issues are actually very common in our lives. The law exists in us. In all aspects of life, of course, the law covers a lot of content, and people generally know less about it. Will you be notified by text message if you are sued?
Will a text message be sent to notify you if you are sued? 1 After being sued, if the simplified procedure is applicable, you can be notified by text message. After the people's court accepts the lawsuit, if ordinary procedures are applied to the case, the parties shall be notified by delivery, and notification cannot be made by text message; if the case is subject to simplified procedures, the parties and witnesses may be summoned, litigation documents be served, and litigation documents shall be served in a simplified manner. When hearing a case, the people's court may notify the parties by text message.
Relevant regulations
"Civil Procedure Law of the People's Republic of China"
Article 125 The People's Court shall, starting from the date of filing the case, A copy of the complaint shall be sent to the defendant within five days, and the defendant shall file a defense within fifteen days from the date of receipt. The defense statement shall state the name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.
Article 159: When hearing simple civil cases, grassroots people's courts and the courts dispatched by them may summon parties and witnesses, serve litigation documents, and hear cases in simple ways, but the parties' statements must be guaranteed The right to opinion.
Will you be notified by text message if you are sued? 2 Will the court call you to notify you that you are being sued?
No.
If you are sued by the court, the court will not notify the person being sued, that is, you, by calling or sending text messages. It is illegal to notify the person being sued by calling or texting, and the court will not serve the summons using illegal service methods. The statutory service methods of summons include public notice service, direct service, mail service, entrusted service, lien service, etc. When the service is delivered, the recipient must sign for it and must have a receipt of service.
Calling or sending text messages in the name of the court to notify someone of a court summons is an act of fraud. Just like in the past, some scammers would call you and tell you that they were officers from the Public Security Bureau in a certain area, saying that your express delivery contained illegal items. Those who called you and sent text messages to tell you were all scammers. , ignore him. If the police station officers suspect that your express delivery contains illegal items, they will come directly to you to cooperate with the investigation.
How to write a complaint for trademark infringement
What should the trademark owner do when encountering trademark infringement? The trademark owner should entrust a professional intellectual property lawyer to handle litigation matters. Of course, if the trademark owner can also write a complaint by himself, the information in the complaint should include the plaintiff’s information, the defendant’s information, the lawsuit’s claims, as well as the facts and reasons.
Since the complaint is a very professional legal document, if the trademark owner wants to write it himself, he should go online to search for some corresponding templates. The filing of a lawsuit is closely related to the interests of the trademark owner. The facts and reasons for the lawsuit are related to whether the parties' claims can be supported by the court.
Therefore, when a trademark owner needs to file a lawsuit, he should be cautious and hire a professional lawyer to handle it. It is best not to handle it privately without experience.
How to respond to the accused trademark infringement case
If the trademark registrant has never used the trademark involved, since there is no use, there is no loss, and the accused enterprise is exempt from compensation. Just stop infringing.
Article 60 of the "Trademark Law of the People's Republic of China" involves any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law. If a dispute arises, it shall be resolved through negotiation between the parties; If they are unwilling to negotiate or cannot reach an agreement, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administration department to handle the matter.
If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.
Will a text message be sent to notify me if I am sued? 3
1. What should I do if I am sued?
Just respond actively.
1. After receiving the materials, analyze them carefully and actively respond!
2. Collect materials and evidence.
2. How long does it take for the trial to begin after the prosecution is filed?
Depending on the circumstances, the trial usually begins within one month.
1. Let’s talk about it in three situations. The first type is criminal cases. After the court receives the criminal case from the People's Procuratorate and transfers it to the court, the summary procedure generally has to be heard within one month. Ordinary procedure. There will be a court hearing in more than a month.
2. The second situation is a civil case. After the civil case is accepted and filed by the court, it will generally be divided into simplified procedures and ordinary procedures. The summary procedure usually requires a court hearing within one month. If it is a case with ordinary procedures, if it is not announced, the court will usually be held within two months. If a public announcement is required to serve a summons for a copy of the indictment, it usually takes more than three months, and a court hearing takes between four months. The third situation is an administrative case. After the court receives an indictment in an administrative litigation case, it usually has to open a hearing within more than a month.
3. What are the standards for prosecution fees?
Divorce cases charge 100 to 50 yuan per case. The specific standards are as follows:
1. Property cases refer to cases filed due to disputes over personal relationships and personal non-property relationships. Property case acceptance fees are levied on a case-by-case basis within the prescribed fee range, and the portion involving property will be handled on a case-by-case basis.
2. For divorce cases, the fee is 100 yuan to 50 yuan per case. If it involves property division, if the total amount does not exceed 10,000 yuan, no additional fees will be charged; if it exceeds 10,000 yuan, the excess amount will be charged at 1%. For cases of infringement of name rights, copyrights, portrait rights, reputation rights, and honor rights, 50 to 100 yuan will be charged for each case.
In intellectual property dispute cases, if there is no amount in dispute, the fee for each case is 500 yuan to 1,000 yuan; if the amount is in dispute, the fee will be paid according to the charging standards for property cases. For labor dispute cases, the fee is 30 to 50 yuan per case. For other non-property cases, the fee is 10 yuan to 50 yuan per case. In bankruptcy cases, the total property value of the bankrupt enterprise is calculated according to the fee standards for property cases, and the payment is reduced by half, but the maximum value shall not exceed 100,000 yuan.
3. Property cases refer to cases where lawsuits are filed due to disputes over property rights. The acceptance fee for property cases shall be calculated and charged based on the value and amount of the disputed property on a decreasing basis. The specific charging standards are: 50 yuan for each item less than 1,000 yuan; 4% for the portion exceeding 1,000 yuan to 50,000 yuan; 3% for the portion exceeding 50,000 yuan to 100,000 yuan; The portion between 100,000 yuan and 200,000 yuan is paid at 2%; the portion over 200,000 yuan to 500,000 yuan is paid at 1.5%; the portion over 500,000 yuan to 113.13 million yuan is paid at 1.5%. , pay at 1%; for the part exceeding 1 million yuan, pay at 0 or 5%.
Legal basis:
Article 128 of the "Civil Procedure Law of the People's Republic of China" The people's court shall submit a copy of the complaint within five days from the date of filing the case. The defendant shall file a statement of defense within fifteen days from the date of receipt. The defense statement shall state the name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the statement of defense to the plaintiff within five days from the date of receipt of the statement of defense. If the defendant fails to submit a statement of defense, it will not affect the hearing of the People's Court.