[Direct answer]In the Beijing area, if the defendant is summoned by a subpoena but refuses to appear in court without a valid reason or leaves the courtroom without the court's permission, the court may make a default judgment according to law; the default judgment has the same legal effect as the judgment made in the presence of both parties, and the defendant still enjoys the right of appeal. According to Article 147 of the Civil Procedure Law of the People's Republic of China, if the defendant is summoned by a subpoena but refuses to appear in court without a valid reason or leaves the courtroom without the court's permission, a default judgment may be made; according to Article 171, the parties who are not satisfied with the first-instance judgment may appeal to the higher court within 15 days from the date of service of the judgment. However, the appeal must state reasons such as factual or legal errors in the first-instance judgment, and the legality of the service must be reviewed first - if the defendant fails to appear in court due to the illegal service, he or she can claim that the procedure is illegal and seek remedies. For more details, please refer to the following link:Creditor-debtor relations and enforcement case services.

I. Problem Background and Typical Scenarios

After receiving the summons, the defendant chooses not to appear in court, or the plaintiff worries that the defendant's absence will lead to an unfair judgment. Typical scenarios include: the defendant passively responds by thinking that they don't have to repay the money if they don't appear in court; the defendant fails to receive the summons due to a change of address and is sentenced in absentia without their knowledge; the defendant leaves the courtroom midway and is recorded as absent; the plaintiff worries that the enforceability of the judgment in absentia is insufficient. Some people mistakenly believe that the judgment in absentia automatically takes effect and cannot be refuted. In fact, the judgment in absentia is not final, and the defendant still has remedial channels, but the prerequisite are to understand the time limits and reasons. For criminal judgments in absentia, you can refer to the relevant provisions.Criminal defense and criminal case filing services.

II. Key points of contention

There are three focal points of the dispute. Firstly, the legality of service: whether the court effectively served the subpoena in accordance with legal procedures is a prerequisite for the legitimacy of the default judgment; whether the announcement service meets the requirements affects the effectiveness of the judgment. Secondly, the exercise of the right to appeal: the default defendant also enjoys a 15-day appeal period, starting from the date of service of the judgment. Thirdly, the choice of remedial path: whether to appeal to point out substantive errors, or to apply for a retrial or review on the grounds of illegal service. For cases involving the determination of facts in contract disputes, relevant evidence can be combined with the case materials to clarify the facts of the dispute.Business and contract dispute services for enterprisesDetermine the points of contention.

III. Professional analysis by Hengluo Lawyers

Based on practical observations of handling civil second-instance trials and execution objections, the key after a default judgment lies in whether the service is legal and whether there are substantive misjudgments. According to Articles 147 and 171 of the Civil Procedure Law, if the defendant fails to appear in court without a valid reason after being legally served, the court's default judgment is legally valid, and the defendant can still appeal within 15 days; but if there are flaws in the service process (such as announcing the judgment without actually serving it, or failing to verify the incorrect address), the basis of the judgment will be shaken, and the party concerned may apply for a retrial or raise objections according to law. Hengluo Lawyers usually recommend: first, retrieving the service receipts and mailing records to verify the service, and if it is legal, evaluating the grounds for appeal; if it is not legal, prioritizing challenging the process. For cases involving execution, it can be followed up accordingly.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis is Article 147 (Default Judgment), Article 171 (Appeal Period), and Article 175 (Scope of Review in the Second Instance) of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), as well as the provisions on service and announcement procedures. Practical suggestions: Upon receiving the subpoena, it is necessary to attend the court hearing on time or appoint a litigation agent; if it is impossible to attend the hearing, a written explanation and application for postponement should be submitted; immediately check the service receipt and mailing records after being subject to a default judgment to confirm whether the judgment was legally served; if it is legally served, an appeal and payment of fees should be made within 15 days; if it is not legally served, an application for retrial or review should be made in accordance with the law; and attention should be paid to the fact that the starting point of the appeal period is the date on which the judgment is served. For cases involving property disposal, reference can be made to the relevant provisions.Real estate sales and construction project services.

5. Henglu Law Firm's Advice

A default judgment does not mean that you have lost and cannot appeal, but the defendant should not treat non-appearance as a strategy. If you fail to appear without a valid reason after being legally served, the court can still issue a judgment, but you will simply give up the opportunity to defend yourself in court. After the judgment, there is still a 15-day appeal period, which should be seized. First, you need to verify whether the service is genuine and legal. Procedural violations are a more powerful means of relief. The appeal should focus on factual or legal errors in the first-instance judgment, rather than emotional expressions. If you need professional support, you can seek assistance from a lawyer or legal advisor.Special services and other case-related servicesEvaluate the appeal or retrial path.

VI. Frequently Asked Questions

Q1: If a judgment is made in absentia, can I still appeal for a retrial? What are my chances of success?

An appeal can be filed. The effect of a default judgment is the same as that of a judgment rendered in the presence of the defendant. The defendant has the right to appeal to the court of the next higher level within 15 days from the date of service of the judgment. Whether the judgment can be modified depends on whether there were factual errors or errors in the application of the law in the first-instance trial, rather than whether the defendant was absent. If you have new evidence, errors in the allocation of the burden of proof in the first-instance trial, or uninvestigated key facts, there is substantial room for appeal; if the facts determined in the first-instance trial are clear and the law applied correctly, the second-instance court will usually uphold the original judgment. It is recommended to first retrieve the trial records and court transcripts of the first-instance trial and have a lawyer evaluate the feasibility of the appeal. Do not easily believe in the promises of the result, and focus on what exactly went wrong in the first-instance trial.

Q2: If I disagree with the default judgment, what materials do I need to prepare for the appeal?

The core materials include: the first-instance judgment (checking the date of service and the start of the appeal period), the appeal brief (stating the appeal request, facts, and reasons), identity certificates and power of attorney procedures, the first-instance evidence list and court trial transcripts (comparing with the findings of the first-instance), as well as the new evidence to be submitted and an explanation of its sources. The appeal brief should focus on the specific errors of the first-instance, rather than repeating the opinions of the first-instance. If you believe that the service was illegal, you also need to prepare the service receipt, mailing records, or address proof to prove that you did not receive the subpoena legally. The more complete the materials are, the more efficient the review of the second-instance will be, and the higher the success rate of the relief will be.

Q3: How much do lawyers' fees and appeal fees cost for appealing an absentee judgment?

The appeal fee shall be paid in accordance with the "Measures for the Payment of Litigation Costs", based on the amount of the litigation request for the part that the appellant disagrees with. The standard is the same as that of the first instance. The appellant shall pay the appeal fee in advance when submitting the appeal statement, and the losing party shall ultimately bear it or share it proportionally. The attorney's fee shall be charged on a piecework basis or according to the proportion of the subject matter, subject to the terms of the contract. There is no unified standard. It is recommended that before appealing, the lawyer should evaluate the possibility of a change in the judgment, weigh the appeal fee, attorney's fee and the potential benefits to be gained, and make a rational choice when there is obviously no room for a change in the judgment, so as to avoid blindly appealing and increasing costs unnecessarily.

Q4: How long does it usually take to get the result of the second instance after an appeal following a default judgment?

According to Article 176 of the Civil Procedure Law, the appeal cases of judgments shall be concluded within three months from the date of filing the second-instance case, and the time limit may be extended under special circumstances; the final ruling on the appeal shall be made within 30 days. In practice, if there is a need for evidence collection or remand for rehearing, the time limit will be extended accordingly. The second-instance court may uphold the original judgment, modify it, revoke it and remand it for rehearing, or mediate it. Overall, it usually takes several months to half a year from the submission of the appeal to the adjudication of the second-instance court. Parties should make reasonable time arrangements and complete the submission of the appeal statement and payment within the appeal period to avoid procedural stagnation and loss of remedies.

Q5: If I receive a default judgment, what should I do first?

Here is the translation of the four-step advice into English with detailed explanations: 1. Record the date of delivery of the judgment and confirm the starting point of the 15-day appeal period to avoid exceeding the deadline. 2. Retrieve the service receipt and mailing records to verify whether the court delivered the document legally. If the procedure is illegal, it can be used as a stronger basis for relief. 3. If the document was delivered legally, hire a lawyer to review the first-instance case file, identify factual or legal errors in the first-instance judgment, and draft an appeal brief. 4. Submit the appeal brief and its copy to the original court or the higher court within the appeal period and pay the appeal fee in advance. Failure to pay the fee on time may result in the appeal being deemed withdrawn. Throughout the process, keep the service receipt and payment receipts, and if necessary, seek assistance from a lawyer to ensure the effective initiation of relief measures.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.