How to win by being sued by the property?

The so-called property management is a common activity in the implementation of community management in China at present, that is, after collecting the property management fee, the property needs to maintain, conserve and manage the community, which is the basic obligation. So, how do property owners win the lawsuit? Here is an introduction for everyone!

First, how does the property owner win the lawsuit?

(1) As the owner, when you receive a summons from the court, you must actively respond to the lawsuit, and don't evade or ignore it, so the court decides that you will lose if you don't respond. Responding to a lawsuit is also a respect for the law. If not, you can entrust a lawyer to handle it.

(2) As the owner, refusing to pay the property fee must be justified. I can't say that I don't think you are doing well, so I don't pay, or that "irregular menstruation is the fault of the property." There must be strong evidence to prove that the property is really not done well, which affects your quality of life and prevents you from living normally.

(three) the evidence provided should have a clear date, clear photos, clear content, and can tell the specific location. For example, sleeping peacefully and patrolling irregularly must be proved by clear evidence. If the camera is damaged, you need to have evidence of the damage, and when it is damaged, one is not repaired. Garbage can not be cleaned up in time, etc.

(four) as far as possible to invite other owners to respond. After all, as the owner, if the property does not admit inaction during the audit, the owner will boo. Seeing many owners present, the property management company is still under great pressure. Don't talk nonsense, or you will shoot yourself in the foot.

(5) If the evidence is accepted, the property management company will definitely bear the fault. If the evidence is not accepted, try to reach a mediation with the property company. In fact, the ultimate goal of the property company is to collect property fees, rather than really killing the owners of the community. As long as you can agree to pay, the general property company will charge at a discount.

(6) Never ignore it. As long as we go through the prosecution procedure, we must go. Otherwise, if you ignore it, the property company will apply to the court for enforcement if it doesn't receive the money, and it will put you on the blacklist of dishonesty, which is the most worthwhile.

Second, what is property management

Property management refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise, in accordance with the property service contract, repair, maintain and manage the houses, supporting facilities and related sites, and maintain the environmental sanitation and related order in the property management area.

3. What are the specific steps of the property prosecution procedure?

(A) the establishment of 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) Formulating a litigation 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:

The trustee generally chooses the head of the reconciliation team and the director of the community management office. Smaller enterprises can also choose enterprise managers and directors of community management offices. The client should be familiar with the relevant laws and regulations of property management and the residential property service contract, have strong language skills, and also master the defense countermeasures of the owners' arrears.

2. Drafting the complaint:

Draft a lawsuit according to the property service contract of the company in the community. If there is a preliminary realty service contract and a realty service contract signed with the owners' committee, a complaint shall be drafted according to the terms of the contract; If there is no property service contract, you can find a street office or neighborhood Committee to issue a certificate, together with the fee permit issued by the price bureau, which can prove the factual contractual relationship.

This paper introduces the content of "how to win the lawsuit against the owner", mainly introducing how to win the lawsuit against the owner. From the analysis, we can see that this situation needs to be operated in accordance with relevant legal procedures. In addition, for the legal issues of property management, it is recommended to find a lawyer!