1, generally using direct delivery;
2. If the addressee refuses to accept it, it may be served by lien;
3, direct delivery is difficult, you can entrust the relevant agencies to serve;
4. Delivery by post;
5. If the addressee's whereabouts are unknown or cannot be served by other means, it may be served by public announcement.
First, direct delivery
Direct service refers to the way that the service personnel of the people's court directly serve the litigation documents and legal documents to the addressee or his adult family members, agents or agents ad litem. According to the relevant provisions of the Civil Procedure Law and the relevant judicial interpretation of the Supreme People's Court, when delivered, it can be given to the adult family members who live together to sign for it (in divorce proceedings, when delivered to one party, it cannot be given to people who are both adult family members of one party and the other party in the absence of the addressee); If the consignee is designated by the addressee, it may be handed over to the consignee for signature. Service of litigation documents to a legal person or other organization shall be signed or sealed by the legal representative of the legal person, the principal responsible person of other organizations or the person in charge of receiving documents in the office, mailroom and duty room. If the addressee has an agent ad litem, the people's court may serve the addressee and the agent ad litem at the same time. If it is served to a person other than the above-mentioned addressee, it shall be deemed as direct service.
Second, the lien service
Lien service refers to the service mode in which the served litigation documents and legal documents are delivered to the addressee or a person with service qualification, but the addressee or the person with service qualification refuses to sign for them, and the addressee leaves the litigation documents and legal documents at the addressee's residence according to law. The applicable condition of lien service is that the person to be served or the person qualified to accept the service refuses to sign for the litigation documents or legal documents served. In the process of lien service, the service provider shall invite the representatives of relevant grass-roots organizations or the unit where the service provider works to witness, and the service personnel of the people's court shall explain the situation to the witness, and record the reasons for the rejection of the service provider and the service date on the service receipt, which shall be signed or sealed by the service provider and the witness. If the witness is unwilling to sign or seal the service receipt, the service person shall record the situation on the service receipt and leave the litigation documents and legal documents at the addressee's residence, resulting in legal consequences of service.
Third, commissioned services.
Entrusted service refers to the way in which the defendant has difficulty in directly serving the court and entrusts other courts to serve the litigation documents and legal documents on the addressee. Entrusted service should be difficult for the people's court to serve directly; The entrusting court can only entrust other courts, not other institutions or organizations. Procedurally, the entrusting court shall issue a power of attorney, and attach the litigation documents, legal documents and service receipts that need to be served. If the entrusted court serves the relevant litigation documents and legal documents on the addressee, it shall be deemed that the entrusted court has served them, and the date when the addressee signs the receipt of service shall be the date of service.
Fourth, delivery by post.
Service by post refers to the way that the sued people's court sends litigation documents or legal documents to the addressee by registered post office when it is difficult to serve them directly. According to the relevant judicial interpretation in the Supreme People's Court, the delivery by mail should be accompanied by a delivery receipt. If the date of receipt indicated on the receipt of registered letter does not match the date of receipt indicated on the receipt of service, or the receipt of service is not sent back, the date of receipt indicated on the receipt of registered letter shall be the date of service.
Verb (short for verb) delivery
Referral service refers to the way that the sued people's court serves the litigation documents and legal documents of relevant organs and units to the addressee according to the relevant information of the addressee. According to the relevant provisions of the Civil Procedure Law, there are three situations in which transfer service is applicable: first, if the recipient is a soldier, it will be transferred through the political organs of units above the regiment level; Second, the person served is put in prison and transferred through his prison or reform-through-labour unit; Third, if the addressee has been reeducated through labor, he shall be handed over through his reeducation-through-labor unit. After receiving the litigation documents and legal documents, the organ or unit responsible for the transfer must immediately hand them over to the addressee for signing, and the date of signing indicated by the addressee on the service receipt is the date of service.
Service of intransitive verb announcement
The service of announcement refers to the way in which the court of appeal announces the main contents of litigation documents and legal documents that should be served when the whereabouts of the addressee are unknown or cannot be served in the above-mentioned ways, and the announcement will have service consequences after a certain period of time. In fact, announcement service is a kind of constructive service, that is, the addressee may or may not know the contents of the announcement after the announcement, but it is regarded as service according to the law. In accordance with the provisions of Article 84 of the Civil Procedure Law, it shall be deemed to have been served 60 days after the date of the announcement. When the people's court serves a notice by announcement, it shall record the reasons and process of service in the case file.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 85 The period includes the statutory period and the period designated by the people's court.
The period is calculated in hours, days, months and years. The time and date when the period begins are not included in the period. If the last day of the expiration of the period is a legal holiday, the first day after the legal holiday shall be the date of expiration of the period. The period does not include the time in transit, and the litigation documents mailed before the expiration are not overdue.
Article 86 If a party delays the time limit due to irresistible reasons or other legitimate reasons, he may apply for an extension within 10 days after the obstacle is removed, and whether to grant it or not shall be decided by the people's court.
Article 87 There must be a receipt for the service of litigation documents, and the addressee shall record the date of receipt, sign or seal on the receipt. The date of receipt by the addressee on the service receipt shall be the date of service.
Article 88 Litigation documents shall be served directly on the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature.
The date of delivery is the date when the adult family members, legal persons or other organizations of the addressee are responsible for receiving and the litigation agent or agent signs for it.
Article 89 If the addressee or an adult family member living together refuses to accept the litigation documents, the addressee may invite the representatives of the relevant grass-roots organizations or units to be present to explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.
Article 90 With the consent of the person to be served, the people's court may serve litigation documents by electronic means that can confirm receipt. If the addressee requests to provide paper documents, the people's court shall provide a written judgment, ruling or conciliation statement served by electronic means.
If it is delivered by the way mentioned in the preceding paragraph, the date when the delivered information reaches the addressee's specific system shall be the date of delivery.
Article 91 If it is difficult to serve litigation documents directly, it may entrust other people's courts to serve them on its behalf or by post. If it is delivered by post, the date of receipt indicated on the receipt shall be the date of delivery.
Article 92 If the addressee is a soldier, it shall be delivered through the political organ of the unit at or above the regimental level where he belongs.
Article 93 If the person to be served is put in prison, he shall be transferred through the prison where he belongs. If the addressee is subjected to compulsory education measures, it shall be transferred through the compulsory education institution to which it belongs.
Article 94 After receiving the litigation documents, the organs and units that transmit them on their behalf must immediately give them to the addressee for signing, and the date of signing on the receipt shall be the date of delivery.
Article 95 If the whereabouts of the person to be served are unknown or cannot be served by other means specified in this section, it may be served by public announcement. Thirty days after the announcement, it shall be deemed to have been delivered. When the announcement is served, the reasons and process shall be recorded in the file.