The private loan company has authorized a lawyer to prosecute, but the boss of the respondent ran away and could not find anyone. The court's summons cannot be delivered through the "immediate delivery" method, but can also be delivered through 6 other methods. In our country's "Civil Procedure Law", there are 7 types of delivery methods, and "immediate delivery" is only one of them. Litigation documents delivered to the court must generally be inspected by the person to be served. Only "court announcements" do not require acknowledgment of service. The standard for court cases to hear civil litigation is "opposition ruling", with the exception of trials in absentia. Under normal circumstances, civil litigation in court cases should be conducted with the participation of the two defendants or their authorized agents.
Absentee trial is relative to "opposition ruling", which refers to the court's ruling on the case in accordance with legal provisions when one of the defendants fails to participate in the trial without justifiable reasons. For this kind of private lending dispute where the defendant cannot be found, the court can make an announcement and try it in absentia from a procedural point of view. But the key is whether the proof provided by the appellant is sufficient, can meet the standard of proof, and whether it meets the "high degree of probability" explanation requirements. Let the court rule that the appellant’s appeal is successful on the premise that the appellee cannot be contacted. In other words, even if the substantiation requirement is met, the presiding judge may rule against the plaintiff because he is unable to verify the authenticity and validity of the evidence.
All borrowers are willing to make the mistake of having too little information about the lender. For example, the lender’s actual place of residence, unit name, contact number and other contact information. Another more important thing is that the lender is not allowed to provide guarantees. When signing a loan contract, the lender must be asked to find a guarantor or provide collateral. Only in this way can it be easy to get the money. It does not mean that if the person cannot be found or the call is not answered, the summons from the People's Court cannot be delivered and the court cannot be held. In addition to immediate delivery, the following delivery methods are also available.
First, lien delivery. Litigation documents can be left at the residence of the person to be served, and the entire process of delivery can be recorded by taking photos, videos, etc., which is deemed to have been delivered. The second is to forward it to. If the recipient is an officer, the transfer shall be made according to the political organ of the enterprise above the military regiment to which he belongs. If the person is imprisoned, he will be transferred according to the prison where he belongs. If the recipient is subject to compulsory education measures, he or she will be transferred according to the compulsory education and training institution to which he or she belongs. The third is the court announcement. If the recipient is missing or cannot be delivered by the various required methods, the court shall announce it. It shall be deemed to have been delivered within sixty days from the date of publication.