Current location - Quotes Website - Personality signature - What should I do if the complaint amount is different from the real situation after receiving the summons?
What should I do if the complaint amount is different from the real situation after receiving the summons?
Prepare evidence and refute it to the court. After receiving the plaintiff's complaint, the defendant should carefully analyze the claims, facts and reasons put forward in the complaint, admit the conclusive facts, accept the reasonable demands, do not ignore the unfounded facts and unreasonable demands, but prepare the facts and evidence and put forward his own rebuttal opinions.

Legal analysis

If you receive a subpoena, it means that you have been sued in court. At this time, the defendant should actively respond to the lawsuit in accordance with the instructions and legal provisions, and also use legal weapons to safeguard his legitimate rights and interests. Usually refuse to sign documents, do not reply, do not appear in court, etc. It is harmful to the defendant. You can conduct litigation by yourself, or you can entrust one or two agents ad litem as needed. Simply put, you can get a lawyer to help you answer the lawsuit. Specifically, a lawyer should represent the lawsuit and submit a power of attorney to. The power of attorney of a natural person shall be signed or sealed by the client, and the power of attorney of a legal person shall be signed or sealed by the legal representative. The power of attorney shall specify the entrusted matters and authority. The defendant shall submit a statement of defense. According to relevant laws and regulations, the defendant shall submit the defense within 15 days after receiving the copy of the defense. When drafting the defense, he should pay attention to pertinence, which can be aimed at one of the other party's claims or one or more factual reasons in the defense. Well-founded, use facts to refute each other's allegations. Some complaints, though brilliantly written and inspiring, are generous, but they don't put facts and reason against each other's allegations, but they just condemn each other blindly, and the effect is not good. In the defense, the defendant can admit the plaintiff's request or refute it. If the defendant thinks that the other party has also violated the contract or other acts that infringe upon the legal rights in the dispute, he may also file a counterclaim.

legal ground

Article 125 of the Civil Procedure Law of People's Republic of China (PRC), 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.