Can the court open an investigation letter?

The rules of courts vary from place to place, just like Shanghai. The court may issue an investigation order to the lawyer, and the lawyer may investigate and collect evidence with the investigation order. But I met a case in Zhejiang, and Haining court refused to issue an investigation order. The judge of Haining court didn't even know there was an investigation order. She said that the Zhejiang court did not have this provision, so the judge could not issue an investigation order.

For this kind of thing, I suggest to consult with the upstairs owner first to see if it can be settled through consultation. After all, litigation is not the only solution. If not, you should report it to the residential property, the owners' committee and the neighborhood committee. Generally speaking, residential properties will cooperate. If they don't solve or mediate for you, you won't pay the property fee.

If it still doesn't work, you can ask the neighborhood Committee for the name and ID number of the upstairs owner. As long as you have these two things, you can entrust a lawyer to the local police station to inquire about population information, and then go to court to file a lawsuit.

If there is no specific identity information of the defendant, the court will not file a case.