[Direct answer]In the Beijing area, after the company receives the court's notice of filing (including a copy of the complaint, a response notice, and a notice of evidence), it should actively respond to the lawsuit within the statutory period: According to Article 128 of the Civil Procedure Law of the People's Republic of China (amended and implemented on January 1, 2022), the defendant shall submit a defense statement within 15 days from the date of receipt of the copy of the complaint; according to Article 68, the defendant shall submit evidence within the time limit specified by the court for providing evidence. It is recommended to immediately sort out the contracts involved in the case and the performance records, evaluate the jurisdiction and statute of limitations, apply for an extension or file a counterclaim if necessary, and consult a professional lawyer as soon as possible to formulate a response plan. For reference, please refer to the following content:Business and contract dispute services for enterprises.

I. Problem Background and Typical Scenarios

Many companies are caught off guard when they are sued for the first time: the legal department or the person in charge receives a court notice, only to find out that the case has been filed when they open it, with just a few days left before the deadline for filing a defense. Typical scenarios include: the counterparty suing for unpaid debts or poor service quality; employees or third parties claiming infringement or contractual liability; the company being listed as a co-defendant; and failing to receive legal documents due to a change of address, resulting in a default judgment. The filing notice signifies that the litigation process has officially begun. Passively avoiding it will only result in losing the opportunity to file a defense, present evidence, or raise jurisdictional objections, and may even lead to unfavorable presumptions. For cases involving debt enforcement, it may be necessary to combineCreditor-debtor relations and enforcement case servicesEvaluation.

II. Key points of contention

There are three main points of contention in the litigation response stage. Firstly, jurisdiction and procedures: whether the court accepting the case has jurisdiction, and whether a jurisdiction objection can be raised to gain time and a favorable trial venue. Secondly, substantive defenses: whether the legal relationship, performance facts, and amounts claimed by the plaintiff are true, and whether there is room for simultaneous performance, set-off, or statute of limitations defenses. Thirdly, evidence organization: whether the evidence is provided within the evidentiary time limit, and whether key evidence needs to be requested from the court for retrieval or appraisal. For professional facts, reference can be made to relevant professional opinions or standards.Special services and other case servicesIntroduce expert assistance.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling similar commercial litigation cases, enterprises often lose the case not because they are "in the wrong", but because they are "too slow": they fail to raise jurisdictional objections within the defense period, fail to fix key evidence within the evidentiary deadline, and fail to provide targeted refutations to the plaintiff's claims. Henglue Lawyers usually recommend starting the "three-step" process on the day of receiving the notice of filing: first, review the procedures and check the service time and jurisdiction; second, sort out the facts and reconstruct the entire chain of performance; third, prepare a list of defenses and counter-evidence, and, if necessary, file a counterclaim or apply for preservation of evidence. For cases involving multiple parties or cross-disciplinary clues of criminal and civil law, they should promptly explain the situation to the court and apply for transfer or suspension of the case to avoid being implicated and suffering greater losses. For complex contracts, they can proceed with follow-up measures.Real estate sales and construction project servicesClarify the implementation milestones.

IV. Practical suggestions and legal basis

The legal basis is Article 128 of the Civil Procedure Law (amended and implemented on January 1, 2022) (serving a copy of the complaint to the defendant, and the defendant shall submit a defense statement within 15 days), Article 68 (the court shall specify or negotiate the time limit for providing evidence), Article 130 (objection to jurisdiction), Article 143 and other provisions concerning trial and judgment. Practical suggestions: register the time limit and set up tasks on the day of receiving the notice; first review the procedures (service, jurisdiction, statute of limitations) and then deal with the merits; complete the exchange of evidence within the evidence-presentation period; evaluate the unfavorable clauses and consider counterclaims or mediation; keep records throughout the entire process. For cross-border entities, relevant provisions may be consulted in combination with other laws and regulations.Financial capital and cross-border services involving foreign affairsHandle service and jurisdiction.

5. Henglu Law Firm's Advice

The notice of case filing is not a "judgment", but a starting signal for responding to the lawsuit. What enterprises should avoid most is ignoring time limits and delaying responses, which may lead to default judgments or loss of the right to present evidence. The correct approach is to set various deadlines on the same day, advance both procedural and substantive matters, and, when necessary, seek the initiative by raising jurisdictional objections, counterclaims, or applying for preservation measures. For cases with complex legal relationships or large amounts in dispute, it is advisable to consult professional lawyers as soon as possible with all relevant materials, and formulate response strategies in advance rather than making up for them afterwards. For cases involving enforcement risks, it may be appropriate to seek legal advice from professionals.Creditor-debtor relations and enforcement case servicesCoordinate and plan things in an organized and efficient way to achieve the best results with the least effort.

VI. Frequently Asked Questions

Q1: If a company is sued, does it necessarily have to pay compensation?

Not necessarily. Being filed for litigation only means that the plaintiff has initiated the procedure, which does not necessarily mean that the plaintiff will lose the case. The outcome of the case depends on whether the plaintiff's claims have factual and legal basis, whether the evidence is sufficient, and whether the defendant's defenses and counter-evidence are valid. Many cases are ultimately dismissed or settled through mediation due to insufficient evidence on the part of the plaintiff, exceeding the statute of limitations, inappropriate subject qualifications, or jurisdiction issues. The key is to actively respond to the lawsuit, clarify the disputed points, and organize evidence, rather than passively accepting responsibility. Failure to respond to the lawsuit will result in a default judgment, thereby losing the opportunity to defend oneself and possibly bearing avoidable adverse consequences.

Q2: What evidence and materials should be prepared for responding to the lawsuit?

Preparations should focus on the direction of the defense: the contract and its annexes, correspondence and chat records, delivery notes and acceptance certificates, payment and invoice receipts, internal approval documents, and evidence proving the performance of the contract or the other party's breach of contract. Procedurally, the business license, the legal representative's identity certificate, the power of attorney, and the lawyer's letter need to be prepared. If claiming statute of limitations, set-off, or quality defense, corresponding evidence must be provided to support them. All materials should be submitted within the evidentiary period. Evidence submitted after the deadline may not be accepted. It is recommended to organize and prepare an evidence list as soon as possible.

Q3: If I hire a lawyer to represent me in court, what are the approximate fees involved?

In civil cases, attorney fees are usually charged on a per-case basis, as a percentage of the litigation amount, or on an hourly basis. The litigation fees collected by the court are generally borne by the losing party or prepaid by the plaintiff. The fees for major and complex cases requiring multiple court hearings or cross-regional litigation are correspondingly higher; some law firms also offer phased fee charging. The specific fees shall be subject to the entrusted agency contract. It is recommended that enterprises weigh the investment based on the assessment of the risk of losing the case and the litigation amount. Compared with the full compensation and enforcement costs caused by passive absence, early professional intervention is often more economical.

Q4: How long does it usually take from receiving the notice of case registration to the court hearing?

There are no unified legal provisions on this matter, and it depends on the court's scheduling, the complexity of the proceedings, and geographical factors. The time limit for ordinary proceedings is six months, and for summary proceedings it is three months (which can be extended according to the law), starting from the date of filing the case; however, from the receipt of the notice to the first court hearing, it often takes several weeks to several months, which is affected by the service of documents, the evidence-gathering period, and mediation. The time limit for evidence-gathering is generally not less than 15 days, and the jurisdiction objection will suspend the substantive trial. It is recommended to use the time specified in the court's summons and notice as the reference, and to reserve time for lawyers to review the case files and gather evidence. Never substitute estimated deadlines for the official deadlines specified in the documents.

Q5: What should I do if I think the plaintiff has sued the wrong person or the court lacks jurisdiction?

Procedural objections may be raised in accordance with the law: If the court receiving the lawsuit lacks jurisdiction, a jurisdiction objection should be raised during the submission of the defense statement (within 15 days from the date of receipt of the copy of the complaint), and the court will review it. If the objection is established, the case will be transferred to a court with jurisdiction; if not, it will be dismissed but may be subject to appeal. If the plaintiff is not qualified or the defendant is listed incorrectly, the defendant may raise the objection and attach evidence in the defense statement, requesting that the complaint be dismissed. It should be noted that objections must be raised within the prescribed period. Failure to do so may be regarded as acceptance of jurisdiction. Once procedural rights are waived, it will be difficult to remedy them. It is recommended to have a lawyer evaluate and raise the objection as soon as possible in a standardized manner.

The above answer is based on the judicial practice in the Beijing area. The adjudication opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence 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. →Business and commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.