If there are no relevant provisions in the law, the court will generally ask the plaintiff to fill in the delivery address confirmation form when filing a case. As the plaintiff, the recipient will fill in his or her relevant information. Both parties to a civil dispute can choose a method suitable for both parties to resolve it through negotiation, mediation, litigation, etc., and pay attention to the collection of evidence when handling it.
1. The difference between the server and the recipient
1. The server is a staff member of the court (judge, clerk, bailiff, etc.).
2. The recipient is the party to the case, that is, the person who receives the legal document. That is, the plaintiff or the defendant, etc.
3. Signing the certificate of delivery means that the legal document has been served to the recipient in accordance with the law.
4. There are two situations for the signature of the person being served: The first is that the document is delivered directly to the person being served and signed by the person being served. In the second case, if the recipient is absent, his adult family member who lives with him or her can collect the legal document on his or her behalf. Whoever collects the document will sign it.
2. The difference between the defendant and the plaintiff
1. The plaintiff refers to the person who files the lawsuit, and the defendant refers to the person against whom the lawsuit is filed.
2. The plaintiff refers to the person who believes that his or her civil rights and interests have been infringed upon, and the defendant refers to the person who believes that the plaintiff’s legitimate rights and interests have been infringed upon.
3. The plaintiff is the person who initiates the lawsuit and causes the litigation process to occur. The defendant is the person who appears in court to respond to the lawsuit after being summoned by the people's court in accordance with the law.
3. After the first-instance judgment is made, can the defendant still consult with the plaintiff?
1. When hearing civil cases, the people's court should conduct mediation based on the principles of voluntariness and legality. If mediation fails, a judgment shall be made promptly.
2. After the first instance judgment is made, the defendant cannot negotiate with the plaintiff. If you are dissatisfied with the judgment, you can appeal, and the court can mediate the second instance case.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 84 The service of litigation documents must be accompanied by a reply The recipient shall record the date of receipt and sign or seal on the delivery receipt. The date of receipt signed by the recipient on the delivery receipt shall be the date of delivery.