During civil proceedings, can the defendant apply for immigration?

The defendant may appear in court by himself or entrust others to appear in court on his behalf; Even, the defendant can give up appearing in court and let the court make a judgment by default.

Article link: Civil Procedure Law

1. Article 58 A party or legal representative may entrust one or two persons as agents ad litem.

The following persons may be entrusted as agents ad litem:

(1) Lawyers and grassroots legal service workers;

(2) Close relatives or staff members of the parties concerned;

(three) citizens recommended by the community, units and relevant social groups where the parties are located.

Article 59? If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.

The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.

3. Article 144 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, he may make a judgment by default.

Article 189 of the Civil Procedure Law stipulates: "When a creditor requests the debtor to pay money or securities, it may apply to the grassroots people's court with jurisdiction for a payment order if the following conditions are met: (1) There is no other debt dispute between the creditor and the debtor; (2) the payment order can be served on the debtor ". Article 19 1 stipulates: "The debtor shall pay off the debt within 15 days from the date of receiving the payment order, or lodge a written objection to the people's court", and "If the debtor fails to raise the objection and perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for execution".

In order to make the application for payment order play its due role, creditors should make the following preparations before applying to the court for payment order: first, straighten out the relationship between creditor's rights and debts and submit written creditor's rights and debts documents; Second, if there is no debt, a written certificate indicating the amount owed or securities should be issued to the debtor; The third is to verify the debtor's name, location and other basic information so that the payment order can be served on the debtor.

Apply for bankruptcy and pay off debts

Article 199 of the Civil Procedure Law stipulates: "If an enterprise as a legal person cannot pay off its debts due to serious losses, the creditors may apply to the people's court to declare the debtor bankrupt and pay off the debts". Article 204 stipulates: "After the bankruptcy expenses are paid first, the bankruptcy property shall be paid off in the following order: (1) the wages and labor insurance expenses owed by the bankrupt enterprise; (2) Tax owed by the bankrupt enterprise; (3) If the bankruptcy debt and bankruptcy property are insufficient to pay off the repayment requirements in the same order, they shall be distributed in proportion ".

Applying for bankruptcy to pay off debts is the last resort of creditors when the debtor is insolvent and unable to pay off debts. Because according to the liquidation order of bankruptcy property, it is difficult for creditors to protect all their rights and interests from the implementation situation in some places, and the outstanding debts will not be repaid. Because of this, it often happens that enterprise legal persons and creditors negotiate on the time limit and method of debt settlement after filing bankruptcy settlement procedures, reach a settlement agreement, and suspend bankruptcy settlement procedures after approval by the people's court.