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How to Respond to the Lawsuit of Usury

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How to Respond to the Lawsuit of Usury


        

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  • 2024-06-09 18:00:01

    With regard to the usury litigation, the way of responding to the lawsuit: 1. After receiving the copy of the indictment, understand the contents of the indictment, understand the plaintiff's claims, facts and reasons, and on this basis, formulate the response plan. 2. Read the notice of response to the action to understand the time limit for adducing evidence, the court accepting the case and other information. 3. If the court does not submit the copies of evidence to the defendant, the defendant should take the initiative to contact the court to copy or read the evidence. 4. Prepare the pleadings and sort out the evidence for refutation. The defence shall state the name, sex, age, nationality, occupation, work unit, address and contact information of the defendant; The name and address of a legal person or other organization, and the name, position and contact information of its legal representative or principal person in charge. 5. If it is considered that the court where the plaintiff files the case has no jurisdiction, it may raise an objection within 15 days from the date of receiving the complaint. 6. The accused party may also file a counterclaim.
    Legal basis
    Article 128 of the Civil Procedure Law of the People's Republic of China
    The people's court shall send a copy of the bill of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receiving it. The defence shall state the name, sex, age, nationality, occupation, work unit, address and contact information of the defendant; The name and address of a legal person or other organization, and the name, position and contact information of its legal representative or principal person in charge. The people's court shall send a copy of the bill of defense to the plaintiff within five days after receiving it.
    If the defendant does not submit a defence, the trial of the people's court shall not be affected.

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