What is the process of suing the owner for defaulting on property fees?

Process of property suing owners for defaulting on property fees

(1) set up a debt liquidation team.

The members of the debt liquidation team can be composed of personnel from relevant departments of the property company and the director of the property management office, and the institutional personnel are mainly part-time and will not increase the operating cost.

(2) Make a lawsuit plan.

The settlement team conducted a statistical investigation on the situation of the residential area with arrears, and analyzed the reasons for arrears, the reasons for arrears of owners, and the distribution of arrears of owners in the residential area. And then make a lawsuit plan in batches. When making a plan, we should pay attention to the following two points:

1, easy before difficult. First sue the owners who owe money for no reason, then sue the owners who owe money for no reason, and gradually improve their litigation ability.

2. Reasonable distribution. In group litigation, the object of prosecution should not be concentrated in a building or in a building too close to it to prevent collective confrontation.

(3) Prepare prosecution materials.

1, power of attorney;

2. Drafting the complaint;

3. Prepare a list of evidence;

4. Make arrears data.

(4) bring a lawsuit to the court.

1. What does the evidence list include?

(1) the company's business license and qualification certificate, which prove that the company has the legal right to operate.

(2) The property service contract, the charging license and the certificate issued by the neighborhood office or neighborhood committee prove that the company has legal property service rights and charging standards in the community.

(3) Relevant documents, which prove the legality of various charges for property services, including late fees.

(4) Registration Form of Real Estate Rights and Enterprise Registration Data Form (Store), which prove that the defendant is the owner or user of the real estate.

(5) Other evidential documents.

2. What expenses are included in the property fee?

Property fees generally include the following expenses:

1. Manage the salary, social insurance and welfare expenses of service personnel;

2. The daily operation and maintenance expenses of the parts, facilities and equipment used by the property;

3. Cleaning and sanitation expenses in the property management area;

4. Greening and maintenance costs in the property management area;

5. Maintenance cost of regional order of property management;

6. Office expenses;

7. Depreciation of fixed assets of property management enterprises;

8 * * * part of the property, * * facilities and equipment and public liability insurance costs;

9. Other expenses agreed by the owner.

Third, the property has not properly handled the problem. Is it okay to refuse to pay the property fee?

Whether refusing to pay the property fee can distinguish different situations in which the property is not handled properly. Property services are oriented to all owners and all aspects of the whole region, with publicity and integrity, involving the public interests of all owners and the whole community, and are inseparable and dependent in utility. If the owner refuses to pay the property fee because he thinks that the property service provided by the property service enterprise has certain defects (such as some garbage is not cleaned in time, lighting in public areas is damaged, etc.), this will lead to the owner's personal income far less than the losses caused to the property company and most owners, so he cannot refuse to pay the property fee on the grounds that there are some defects in the property service.

Legal basis:

Article 122 of the Civil Procedure Law of People's Republic of China (PRC) * * * Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.