What should I do if I can t get the defendant s address in a lawsuit?

Is the defendant an individual or a company?

Legal analysis: If the defendant's specific address is not known before the prosecution, he or she may go to the public security cemetery to inquire about the defendant's household registration address. After the court accepts the case, if the defendant cannot be found, the public notice shall be served.

After the expiration of the period for the announcement, the reason for the service of the announcement shall be explained; Where a public announcement is made to serve a copy of the complaint or appeal, the main points of the complaint or appeal shall be explained, the time limit for the recipient to respond, and the legal consequences of not responding within the time limit.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 534:For parties who do not have a domicile within the territory of the People's Republic of China, where litigation documents are served by means of public announcement, and litigation is not filed at the end of the public notice period, after the people's court makes a judgment in absentia, the judgment documents shall still be served by public announcement in accordance with article 267(8) of the Civil Procedure Law. Where, three months after the announcement has been served on the judgment document, and the parties have not appealed after the 30-day appeal period, the first-instance judgment will take legal effect.

Article 139: The reasons for the service of the announcement shall be explained; Where a public announcement is made to serve a copy of the complaint or appeal, the main points of the complaint or appeal shall be explained, the time limit for the recipient to respond, and the legal consequences of not responding within the time limit. When announcing the service of a summons, the time and place of appearing in court and the legal consequences of not appearing in court within the time limit shall be explained; Where a judgment or ruling is served by public announcement, the main content of the judgment shall be explained, and where the parties have the right to appeal, the right to appeal, the time limit for appeal, and the people's court appealing shall also be explained.

What should I do if I can't find the defendant in the civil lawsuit?

1.If the defendant cannot be found, all legal documents, including a copy of the complaint and a court summons, can be served by public notice. If the defendant does not appear in court, the court may make a judgment in absentia.

2.Article 92 of the Civil Procedure Law stipulates that if the whereabouts of the recipient are unknown, or it cannot be served by other means provided for in this section, the public notice shall be served. Sixty days after the announcement is issued, it will be deemed to have been served. When the announcement is served, the reasons and process shall be recorded in the case file.

3.Article 143 of the Civil Procedure Law stipulates that if a plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or withdraws from the court without the permission of the court, the lawsuit may be dismissed; Where the defendant counterclaims, a judgment may be rendered in absentia.

4.Article 138 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" stipulates that notices may be posted on the bulletin board of the court and the address of the person to be served, or may be published in newspapers, information networks, etc., and the date of issuance of the notice shall be the date of the last posting or publication. Where there are special requirements for the method of service of the announcement, it shall be done in accordance with the required method.

Upon the expiration of the notice period, it shall be deemed to have been served.

Where people's courts mail announcements in accordance with the address of the person to be served, they shall record the mailing process by means such as taking photographs or videos.

5.Article 139 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that the reasons for the service of public notice shall be explained; Where a copy of the complaint or appeal is served, the main points of the complaint or appeal, the time limit for the respondent's defense, and the legal consequences of failing to respond within the time limit shall be clearly stated; When the summons is served, the time and place of appearing in court and the legal consequences of not appearing in court within the time limit shall be clearly stated; Where judgments or rulings are served by public announcement, the main content of Biming's judgment shall be written. Where parties have the right to appeal, the right to appeal, the time limit for appeal, and the people's court for appealing shall also be clearly indicated.

Legal analysis: The failure of the court to contact the defendant does not affect the trial of the case and the service of documents. If the defendant cannot be found after the case is filed, all legal documents including a copy of the complaint and a summons may be served by public announcement.

After the trial of the case, if Gao Meng must appear in court for the defendant who has to appear in court after two summonses without a legitimate reason, he may be summoned in a detentionary shirt. In ordinary cases, where they are summoned by summons and do not appear in court without a legitimate reason, a judgment may be made in absentia.

Legal basis: Article 92 of the Civil Procedure Law of the People's Republic of China: Where the whereabouts of the person to be served are unknown, or it cannot be served by other means provided for in this section, service shall be announced by public notice. From the date of issuance of the announcement, the Qiqiao Bridge shall be deemed to have been served after 60 days.

Where the public notice is served, the reasons and process shall be noted in the case file.

Generally speaking, if you want to file a civil lawsuit but do not know the specific address of the defendant, you can find a professional lawyer for consultation, and entrust the lawyer to go to the public security organ where the defendant is located to investigate the hidden banquet and inquire about the defendant's household registration address, otherwise it is impossible to carry out normal public notice service without the defendant's address.

1. What should I do if I don't know the defendant's address in a civil lawsuit

1.If the defendant's specific address is not known before initiating a lawsuit, the court may not apply for an investigation, but may entrust a lawyer to go to the public security organ to inquire into the defendant's registered address, and after providing the defendant's household registration information, the court should accept it.

2.After the court accepts the case, if the defendant cannot be found and cannot be served normally, it may make a public announcement for service in accordance with relevant provisions. After the expiration of the public notice period, the court may conduct a trial in absentia and make a judgment in accordance with law.

3.After the judgment takes effect, if the defendant fails to perform the judgment within the time limit specified in the judgment, it may apply to the court for compulsory enforcement. As for whether the money can be returned, it depends on the future situation, and it is impossible to judge now.

2. The conditions to be met for prosecution

1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

2. There is a clear defendant;

3. There are specific litigation claims, facts and reasons;

4. It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If the plaintiff is a citizen, he should present his Xiangli ID card and submit a copy of his ID card. In divorce cases, a marriage certificate should also be submitted, and if the marriage certificate is lost, a certificate of marriage must be issued by the relevant authority.

If the plaintiff is a legal person or other organization, a copy of the business license or registration certificate, enterprise ** certificate, etc., and the identity certificate of the legal representative or person in charge shall be submitted.

If a person is entrusted to file a lawsuit on his behalf, a power of attorney should also be submitted.

3. Supporting materials.

Submit bills, letters, documents, certificates, certificates, contracts, appraisal conclusions, IOUs, notes, etc. related to the case. The original evidence must be presented, and a copy of the evidence must be submitted.

1. If one of the parties is a citizen, the name, gender, age, ethnicity, occupation, work unit and residence, zip code and contact number shall be indicated**; If one of the parties is a legal person, the name, address, and name, position, zip code and contact number of the legal person or other organization or the main responsible person shall be noted;

2. The facts and reasons on which the claim is based;

3. Evidence and evidence**, names and addresses of witnesses;

To sum up, unlike the defendant's ID card, if you want to sue the other party but do not know the defendant's place of residence, it is very troublesome, and the court may not accept it, because the court that intends to submit the complaint must be served according to the specific address of the defendant on the complaint, and if you do not know the address, it will not be served normally.

Legal analysis: If the defendant's specific address is not known before the lawsuit is filed, a lawyer may be entrusted to the public security organ to inquire about the defendant's registered address. After you provide the defendant's household registration information, the court should accept it.

After the court accepts the case, if the defendant cannot be found and cannot be served normally, the provisions of Article 92 of the Civil Procedure Law may be followed. Carry out the delivery of the notice. After the expiration of the public notice period, the court may conduct a trial in absentia and make a judgment in accordance with law.

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 the seller is unable to serve by other means provided for 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.