Will you send SMS notification when you are sued?
Will you send SMS notification when you are sued? In fact, legal problems are very common in our lives. The law exists in all aspects of our lives. Of course, there are many contents covered by the law, and everyone knows little about it. Will you send SMS notification when you are sued below? Will I be notified by SMS when I am sued? 1
If summary procedure is applied after I am sued, I can notify you by SMS. After the people's court accepts a lawsuit and applies ordinary procedures to the case, it shall notify the parties by service, not by SMS; If summary procedure is applied to a case, the parties and witnesses can be summoned, litigation documents can be served and the case can be tried in a simple way, and the people's court can notify the parties by SMS.
related regulations
Civil Procedure Law of the People's Republic of China
Article 125 The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall state the name, sex, age, nationality, occupation, work unit, residence and contact information of the defendant; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant does not submit a reply, it will not affect the trial of the people's court.
article 159 when trying a simple civil case, the basic people's court and the court dispatched by it may summon the parties and witnesses, serve litigation documents and try the case in a simple way, but the rights of the parties to state their opinions shall be guaranteed. Will you send a text message if you are sued? 2
Will the court call to inform you if you are sued?
No.
if you are sued by the court, the court will not notify the accused, that is, you, by phone or text message. It is illegal to notify the accused by phone or text message, and the court will not serve the summons by illegal' service'. The legal service methods of summons include announcement service, direct service, mail service, entrusted service, lien service, etc. At the same time of service, the addressee must have a service receipt to sign for it.
It is cheating to call or send a text message in the name of the court to inform someone that there is a court summons. Just like in the past, some scammers called you and told you that they were from the public security bureau in a certain area, saying that your courier contained illegal items and so on. These callers and text messages told you that they were scammers, so don't pay attention to him. If the police station suspects that there are illegal items in your courier, they will come to you directly to cooperate with the investigation.
How to write a complaint about trademark infringement
What should the exclusive right holder of a trademark do when he encounters trademark infringement? The exclusive right holder of a trademark should entrust a professional intellectual property lawyer to handle the litigation matters. Of course, if the exclusive right holder of a trademark can also write a complaint himself, the information of the complaint should include the plaintiff's information, the defendant's claim for information prosecution, and the facts and reasons.
As the complaint is a very professional legal document, if the exclusive right holder of a trademark wants to write it himself, he should go online to retrieve some corresponding templates. The filing of the litigation request is closely related to the interests of the trademark exclusive right holder, and the facts and reasons of the litigation are related to whether the litigation request of the parties can be supported by the court.
Therefore, when the exclusive right holder of a trademark needs to file a lawsuit, he should be cautious and hire a professional lawyer to handle it, and it is best not to handle it privately without experience.
How to respond to the alleged trademark infringement
If the trademark registrant has never used the trademark involved, since there is no loss without using it, the sued enterprise can be exempted from compensation, as long as the infringement is stopped.
article 6 of the trademark law of the people's Republic of China commits one of the acts listed in article 57 of this law that infringe on the exclusive right to use a registered trademark, thus causing disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it.
when the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used for manufacturing infringing goods and forging registered trademark marks. If the illegal business amount is more than 5, yuan, a fine of less 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 5, yuan, a fine of less than 25, yuan may be imposed. Will I be notified by SMS if I am sued? 3
First, what should I do if I am sued?
just respond actively.
1. After receiving the materials, make a good analysis and actively respond to the lawsuit!
2. Collect materials and evidence.
second, how long will it take to open the court after the prosecution is filed?
As the case may be, the court session is usually held within one month.
1. Let's talk about it in three situations. The first is criminal cases, criminal cases. After the court receives a criminal case from the People's Procuratorate and transfers it to the court, the general summary procedure will be held within one month. Ordinary procedure. The trial will be held in more than a month.
2. The second case is a civil case. After the civil case is accepted and put on file by the court, it is generally divided into summary procedure and ordinary procedure. Summary proceedings usually take place within one month. If it is a case of ordinary procedure, the court session will be held within two months if it is not announced. If you want to send a notice to serve a copy of the indictment summons, it usually takes more than three months, and the court session will be held between four months. The third case is an administrative case. After the court of an administrative litigation case receives a lawsuit, it usually holds a court session within more than one month.
3. What are the standards for prosecution fees?
Divorce cases are charged 1 to 5 yuan each, and the specific standards are as follows:
1. Non-property cases refer to cases in which lawsuits are brought because of disputes between personal relations and personal non-property relations. The acceptance fee for property cases shall be levied on a case-by-case basis within the prescribed fee range, and the part involving property shall be handled according to different circumstances.
2. Divorce cases, each from 1 yuan to 5 yuan. Involving the division of property, the total amount does not exceed 1 thousand yuan, no additional charges; More than 1 thousand yuan, more than 1% charge. Cases that infringe upon the rights of name, copyright, portrait, reputation and honor will be charged 5 to 1 yuan for each case.
in cases of intellectual property disputes, if there is no disputed amount, each case shall be paid from 5 yuan to 1 yuan; The disputed amount shall be paid according to the charging standard of property cases. Labor dispute cases, each pay 3 to 5 yuan. For other non-property cases, each case shall be paid from 1 yuan to 5 yuan. Bankruptcy cases shall be paid in half according to the total property value of the bankrupt enterprise and the charging standard of property cases, but the maximum amount shall not exceed 1, yuan.
3. A property case refers to a case in which a lawsuit is brought due to a dispute over property rights and interests. The acceptance fee for a property case shall be calculated and collected according to the value and amount of the disputed property and the principle of decreasing rate. The specific charging standard is: each item less than 1, yuan should be delivered to 5 yuan; More than 1 thousand yuan to 5 thousand yuan, according to 4% to pay; More than 5 thousand yuan to 1 thousand yuan, according to 3% to pay; More than 1 thousand yuan to 2 thousand yuan, according to 2% to pay; More than 2 thousand yuan to 5 thousand yuan, according to 1, 5% to pay; More than 5 thousand yuan to 113.13 million yuan, according to 1% to pay; More than 1 million yuan, according to , 5% to pay.
after receiving the materials, you can respond to the lawsuit properly. For non-property cases, the fee is generally 5 to 1 yuan, and for labor disputes, the fee is generally 3 to 5. The collection of other prosecution fees should be decided according to the nature of the case, and the charging standards are different.