The consequences of not writing back.

What will happen if you don't write a defense? What will happen if you don't write a defense? How to write the defense? The following is the relevant information about the defense I brought, welcome to read!

Reply 1

Ms. Li's consultation: Husband sued for divorce. Our children are all sixteen or seventeen. We still have feelings for each other. The court staff asked me to write a reply after receiving my husband's complaint.

When we were born, my parents preferred boys to girls and wouldn't let me study. Now I can't read, I can't read the complaint, and I can't afford a lawyer. I didn't write my defense to get it.

Judge's Interpretation: Article 125 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the people's court shall send a copy of the indictment 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 specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; 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 fails to submit the defense, it will not affect the trial of the people's court.

In view of what you said, you can't read and can't afford a lawyer. You must appear in court on time, give an oral answer to the questions raised by the other party, provide corresponding evidence to prove that your relationship has not broken down, or apply to the court for a witness to prove that your relationship has not broken down. The court will seriously mediate or make a judgment for you.

Reply 2

The reasons why the defendant did not submit the defense during the defense period mainly include:

First of all, the oral defense allowed in the trial replaced the written defense.

In the investigation of the trial court, even if the defendant fails to submit a written defense before the expiration of the defense period, the presiding judge will allow or even take the initiative to ask the defendant who has not submitted a defense to make an oral defense in order to find out the facts and make a fair judgment according to law, and record it in the trial transcript, so the defendant thinks that it is unnecessary to submit a defense within the defense period.

Second, will the defendant submit a defense as a victory or? Lai v? Strategy.

Some defendants think that submitting the defense statement during the defense period is to expose their views and reasons and evidence that are not conducive to the plaintiff before the trial, which is not conducive to their initiative in the trial, so in order to cause harm to the other party? Surprise? So as to win the case, not submitting a defense is a good strategy to win the case; Some defendants thought about it from the beginning, because they knew they were wrong, or because they were tired of litigation? Lai v? I will not participate in the lawsuit, so I will not submit a defense.

Third, some defendants are limited by knowledge and economy and don't know how to write a defense.

Limited by the level of knowledge, especially the level of legal knowledge, many farmers don't know how to write a defense, and it costs a certain amount of money to ask a lawyer to write it, so they simply don't submit a defense.

In this regard, the author suggests:

First, vigorously publicize the significance of defense.

When serving a copy of the indictment, the judge in charge and the clerk shall inform them of the legal consequences of not responding during the defense period and remind them to withdraw.

The second is to standardize the conditions of oral defense, stipulating that oral defense is allowed only if it is really difficult to write a defense.

The third is the legal consequences of stipulating that the defendant does not submit a defense during the defense period.

It may be stipulated that if the defendant fails to submit the defense or oral defense before the expiration of the defense period, it shall be regarded as a breach of the plaintiff's claim.

Reply 3

Respondent: Urban Impression Owners Committee of Shunqing District, XX City.

Address: No.42 Jinyuling Street, Shunqing District, XX

Person in charge of the owners' committee: XXX

Respondent: Sichuan Taihe Real Estate Development Co., Ltd.

Address: Floor 2, Yangjiaxiang 16, Shunqing District, XX, Sichuan.

Tel: 0817-6829115.

Legal representative: XXX

On may 29th, 20 12, the respondent received the "About Sichuan Taihe Real Estate Development Co., Ltd. ordering the defendant to pay the loss of 20,000 yuan caused by the plaintiff's change of the original design scheme due to illegal obstruction of the plaintiff's laying of natural gas pipeline" from the Shunqing District People's Court of XX City. I. Put forward the following defense opinions according to law:

National defense affairs:

The respondent requested the people's court to reject the unreasonable and illegal counterclaim of Sichuan Taihe Real Estate Development Co., Ltd. according to law.

Facts and reasons:

1. Respondents have never seen the so-called? What is the design scheme of the original natural gas pipeline laid in the first project in the city? Sichuan Taihe Real Estate Development Co., Ltd. did not inform the respondent or the city impression owners' meeting in advance in writing, let alone whether this plan can be passed.

Second,? City impression? There are more than 600 households in the community, and the diameter of gas pipeline has been calculated according to the number of households in the community, and the diameter has been finalized.

Natural gas and other supporting facilities for energy utilization have purchased the right to use natural gas from the natural gas company when the owner purchases the commercial house (the fee has been collected by Sichuan Taihe Real Estate Development Co., Ltd.).

? City impression? Natural gas and other ancillary facilities in the planned residential area naturally belong to the owner.

Third, what if 1000 households? The first in the city? If the community wants to open a natural gas interface in our community to divert or connect a fixed-diameter natural gas pipeline, then the pressure of natural gas used in the community will definitely have an impact (because the fixed-diameter natural gas is not pressurized).

This is in line with Article 92 of the Property Law (the owner of the real estate uses the adjacent real estate for water use, drainage, transportation, laying pipelines, etc.). , he should try his best to avoid causing damage to the adjacent real estate owners; If damage is caused, compensation shall be made. ) is against the rules.

? The first in the city? The community finally borrowed it? City impression? It is convenient for the respondent to divert or connect the domestic natural gas pipeline at the opening interface of the municipal natural gas main pipeline, which has little impact on the gas quality of our community.

This is in line with Article 88 of the Property Law (if the real estate owner needs to use the adjacent land or building for building, repairing buildings and laying wires, cables, water pipes, heating and gas pipelines, the owner of the land or building shall provide necessary convenience.

) regulations.

4. At the suggestion of the community neighborhood committee and the respondents, ask the person in charge of XX Natural Gas Company to make a written commitment and publicize it in our community. The first in the city? Is the community here? City impression? After the community opens the natural gas interface to divert or connect the fixed-diameter natural gas pipeline, it promises to guarantee the future. City impression? The daily peak gas consumption pressure of natural gas users in residential areas has no influence or normal use, and XX Natural Gas Company failed to issue a letter of commitment for publicity in residential areas due to the reasonable demands of the respondent.

5. Matters stipulated in Article 76 of the Property Law and Article 11 of the Property Management Regulations shall be decided by the owners.

Among them, the decision on other major matters related to * * * and * * management rights in Item (7) shall be approved by the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number.

In fact, more than one-tenth of the owners do not agree with public opinion, not to mention more than half of the owners agree in writing? Should the first residential area in the city go to the impression residential area in the city to open a natural gas interface for diversion or connect a natural gas pipeline with a fixed diameter? .

To sum up, the respondent believes that the industry committee or owners' meeting of the urban impression community not only did not violate the law, but also safeguarded the dignity of the law, not to mention bearing any losses or litigation costs.

I am here to convey

XX shunqing district people's court

Respondent: Urban Impression Owners Committee of Shunqing District, XX City.

20 1 June 21day