Q: What happens if the defendant ignores the summons of beis din?

A: The defendant is required to heed the summons. If he ignores it and beis din cannot make him appear, they will usually give the plaintiff permission to sue in civil court, to uphold justice. The practice is to summon three times, but, depending on circumstances of the refusal, some batei din suffice with one summons and a warning that if the defendant refuses to appear, beis din will permit the plaintiff to sue in civil court (C.M. 26:2; Aruch Hashulchan 11:1; Minchas Yitzchak 9:155).

On the other hand, if the defendant is willing to appear before another beis din, even elsewhere or of lower stature, he is not considered as refusing to submit to beis din. If his statement seems insincere, though, as an attempt to evade adjudicating, he is considered as refusing to submit and the plaintiff is given permission to sue in civil court (Nesivos 26:13; Aruch Hashulchan 26:5).