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1. The service of litigation documents must have a proof of service, and the person to be served shall indicate the date of receipt and sign or affix a seal on the receipt of service.
The date of receipt signed by the recipient on the receipt of service is the date of delivery.
2. The service of litigation documents shall be directly delivered to the person to be served. If the recipient is a citizen, he is not in the same adult family member who lives with him to sign for receipt; Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the principal responsible person for the other organization, or the person responsible for receiving the legal person or organization shall sign for receipt; If the person to be served has a person who has litigated **, it may be sent to his **person for signature; Where the recipient has already designated a person to be collected on behalf of the people's court, it shall be sent to the recipient to sign for receipt.
3. The date of service shall be the date of service when the adult family members of the recipient living together, the person responsible for receiving the documents of the legal person or other organization, the person in charge of the litigation or the person receiving the service on behalf of the person receiving the service.
4. Where the person to be served or his adult family members living with him refuse to accept litigation documents, the person serving them may invite representatives of the relevant basic-level organizations or units to appear, explain the situation, indicate the reason and date of refusal on the proof of service, and have the person serving or witnesses sign or affix a seal, leaving the litigation documents at the residence of the person to be served; It is also possible to leave the litigation documents at the residence of the person to be served, and use methods such as photographs or videos to record the process of service, which is deemed to have been served.
5. Legal basis: Articles 84, 85 and 86 of the Civil Procedure Law of the People's Republic of China (2012 Amendment).
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It is recommended that you go to the court several times and strive to get them to come to the door to deliver it, and take the method of serving in lien, which will be faster.
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The validity of the judgment does not need to be collected, it will take effect after the appeal period, at which point you can apply for enforcement.
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You can apply for property preservation.
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Only when the person subject to enforcement refuses to perform the judgment of the court, can he apply to the court for compulsory enforcement. The judgment of the court generally stipulates a time limit for the defendant to perform. Once a legally effective judgment takes effect, the obligor shall automatically perform it.
However, the court's judgment generally stipulates a time limit for the defendant to perform according to the actual situation of the defendant, such as within 10 days, 30 days, 3 months, etc., after the judgment takes effect, the plaintiff law must also abide by the judgment and give the plaintiff a reasonable time for performance.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 92: Where the whereabouts of the person to be served are unknown, or it is impossible to send the message to God by other means specified in this section, the public notice shall be served. Sixty days from the date of issuance of the announcement shall be deemed to have been served.
Where the public notice is served, the reasons and process shall be noted in the case file.
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If the defendant does not go to the court to obtain the judgment, the court may serve the judgment by mail or public notice. After the judgment takes effect, if the defendant fails to perform its obligations on time due to the relevant payment content in the judgment, the plaintiff may apply to the court for compulsory enforcement within the statutory time limit.
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Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. Where the defendant does not appear in court, if it is a first-instance judgment, it may be served by retention in custody, or by mail, or by public notice, and if the defendant does not appeal once the statutory time limit has passed, the judgment will take effect. In the case of a second-instance judgment, the trial will take effect immediately once it is rendered.
Links to legal provisions; Code of Civil Procedure
1. Service by retention in custody: Article 86: Where the person to be served or his adult family members living with him refuse to accept litigation documents, the person serving them may invite representatives of the relevant basic-level organizations or units to appear, explain the situation, indicate the reason and date of refusal on the proof of service, and have the person serving or witnesses sign or affix a seal, leaving the litigation documents at the residence of the person to be served; It is also possible to leave the litigation documents at the residence of the person to be served, and use methods such as photographs or videos to record the process of service, which is deemed to have been served.
2. Service by mail: Article 88: Where it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their behalf, or service may be made by mail. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery.
3. Service by announcement: Article 92: Where the whereabouts of the recipient are unknown, or it cannot be served by other means provided for in this section, the announcement is to be served. Sixty days from the date of issuance of the announcement shall be deemed to have been served.
Where the public notice is served, the reasons and process shall be noted in the case file.
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Legal analysis: If the defendant has not taken the judgment, if it is a first-instance judgment, it may be served by lien, mail, or public notice. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the verdict is pronounced periodically, a written judgment is to be issued immediately after the verdict is announced.
Where the defendant does not appear in court, the judgment takes effect as soon as the statutory time limit has elapsed and the defendant does not appeal. In the case of a second-instance judgment, the trial will take effect immediately once it is rendered.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 86: Where the person to be served or his adult family members residing with him refuse to accept the litigation almanac, the person serving the service may invite a representative of the relevant basic-level organization or unit to appear, explain the situation, indicate the reason and date of the refusal on the proof of service, and have the person serving or the witnesses sign or affix a seal, leaving the litigation documents at the residence of the person to be served; It is also possible to leave the litigation documents at the residence of the person to be served, and use methods such as photographs or videos to record the process of service, which is deemed to have been served.
Article 88: Where it is difficult to directly serve litigation documents, other people's courts may be retained to serve them on their behalf, or service may be mailed. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery.
Article 92: Where the whereabouts of the recipient are unknown, or it cannot be served by other means provided for in this section, service is to be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served. When the announcement is served, the reason for the trouser change and the process shall be noted in the case file.
If the judgment of the first instance is issued, the period of appeal has expired or the woman has not appealed during the appeal period, the judgment shall enter into force. >>>More