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Can multiple defendants sue together if they don't pay property fees? Is it okay to write a complaint letter?
Legal analysis
There are more than two defendants in this case, and the subject matter of litigation is the same (that is, property fees), which belongs to the practice of litigation economy. According to Article 52 of the Civil Procedure Law, "if one or both parties have two or more persons, and the litigation object is the same, or the litigation object is the same, and the people's court thinks that they can be tried together with the consent of the parties, it is the same lawsuit." Therefore, this case is a * * * lawsuit. My client is the plaintiff, and my client has an independent claim for the object of litigation (i.e. property fees) disputed by other defendants against this client, and the disputed object of litigation is the same, which conforms to the purpose of the court's consolidated trial (i.e. litigation economy and improvement of litigation efficiency). If our client agrees to apply the mode of joint trial, in principle, we can jointly prosecute multiple defendants in this case.
In addition, in this case, each defendant's behavior is independent, that is to say, the court can judge that some defendants bear the obligation to pay according to the existing evidence, and some defendants' obligation to pay is not established. The actions of each defendant are independent of each other and have no influence on other defendants. Therefore, this case can't just write one complaint, one complaint corresponds to one defendant, and how many complaints are written by how many defendants; Unless there are a large number of defendants (10 or more), it is necessary to choose the defendant's litigation representative for litigation. At this point, all defendants can be sued in one lawsuit.
legal ground
Paragraph 1 of Article 52 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if one or both parties have two or more persons, and the litigation object is the same, or the litigation object is the same, the people's court thinks that the trial can be combined, and if the parties agree, it is a joint lawsuit.
Article 53 of the Civil Procedure Law of People's Republic of China (PRC) * * * If there are a large number of * * * parties to a joint lawsuit, the parties may elect representatives to conduct the lawsuit. The litigation behavior of a representative is valid for the party he represents, but the representative must obtain the consent of the principal if he changes, gives up or acknowledges the litigation request of the other party and makes a settlement.
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