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Is it mediation or direct court hearing after receiving the summons for property litigation?
First, whether to mediate or go directly to court after receiving the summons.
After receiving the summons, the court shall hold a hearing according to the time of the summons. After the hearing, both parties should clarify the situation and then mediate.
According to Article 109 of the Civil Procedure Law, the people's court refuses to appear in court, and the defendant must appear in court when summoned. After two summonses, if the defendant refuses to appear in court without justifiable reasons, the people's court may summon him.
Second, how to deal with the situation that the summons cannot be served on the defendant?
If the summons cannot be served on the defendant, the court may choose to serve it by announcement. When the announcement is served, it can be posted on the bulletin board of the court or the original residence of the addressee; You can also publish an announcement in a newspaper, which can only be used if the whereabouts of the addressee are unknown or cannot be served by other means. The legal effect of announcement service is the same as other service methods.
Article 84 of the Civil Procedure Law stipulates that if the whereabouts of the person to be served are unknown or cannot be served by other means specified in this section, the service shall be announced. Sixty days after the announcement, it shall be deemed to have been delivered. When the announcement is served, the reasons and process shall be recorded in the file.
Third, how to deal with the court summons?
When the court serves a summons, if there is no special reason, it is best to sign for it. Because no matter whether the summons is signed or not, the subsequent litigation will proceed as usual. If the summons is not signed, the subsequent litigation will be unfavorable to oneself (the company), because refusing the summons and not appearing in court is equivalent to giving up the right to participate in the litigation such as giving evidence. In other words, the evidence of the other party's lawsuit and the corresponding statement will be recognized. If you don't know how to deal with and respond to the summons after receiving it, you should entrust a lawyer to participate in the lawsuit in time.
The above is to give you a detailed introduction to the relevant knowledge of mediation before the court session after receiving the summons. Therefore, after receiving the summons, the court will hold a court session first, and both parties can mediate in court. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to answer your questions.
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