Consequences of property litigation not going to court

Failure to appear in court when a property dispute occurs does not affect the court's trial, and the court may make a judgment by default. Therefore, after being sued, actively appear in court to explain the defense that is beneficial to you. If you don't appear in court on time, the court will make a judgment directly after the trial, which may be unfavorable to you.

1. What are the consequences of not appearing in court for property disputes?

According to the Civil Procedure Law of People's Republic of China (PRC), the consequences of trial by default depend on the nature of the case. Details are as follows:

1. If the defendant must be absent from court, he may be summoned. Article 109 The people's court may summon the defendant to appear in court, but refuses to appear in court after being summoned twice without justifiable reasons.

2. If the plaintiff is absent, it shall be rejected. Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.

3. The original defendant may be absent.

(1) 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.

(2) Article 145 Before the verdict is pronounced, the people's court shall decide whether or not to grant the plaintiff's application to withdraw the lawsuit. If the people's court decides that the withdrawal of the lawsuit is not allowed, the plaintiff may make a judgment by default if he refuses to appear in court after being summoned by summons without justifiable reasons.

Second, under what circumstances can't you judge by default?

A case that cannot be judged by default is a divorce case. Default judgment is a judgment made by the people's court on a controversial case only on the basis that one party participates in the presentation and debate and examines the written materials provided by the other party. Because one party can't participate in the cross-examination, statement and debate in court, in a certain sense, the default judgment is actually a punishment for the party who doesn't appear in court. Therefore, a default judgment can only be made under the following statutory circumstances.

3. Can I appeal after the default judgment?

You can appeal against the verdict.

Article 164 of China's civil procedure law stipulates:

If a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.

If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.

In the civil case of first instance tried by the Supreme People's Court, the parties can't appeal if they refuse to accept it, but they can only apply to the Supreme People's Procuratorate for protest.

Judgment by default refers to the situation that the court conducts a trial by default and makes a judgment in accordance with the law when the parties do not appear in court. The real judgment only shows that the court made a judgment according to law when the parties did not appear in court, and it will not affect the right of appeal enjoyed by the parties after the judgment. Therefore, although the parties did not appear in court, if the verdict is not recognized by the parties, they can also appeal against the verdict.

In daily life, when suing a dispute, the court will notify both parties to appear in court during the trial of the dispute, but the defendant is lucky that he will not appear in court and can obstruct the court trial. In fact, in some cases, the court can make a judgment by default.