What materials are there to provide evidence for suing the owner for property fee disputes?

The evidential materials needed to sue the property fee dispute can be payment records, payment notification SMS, WeChat, telephone records or telephone recordings, dunning bills, property contracts, etc. Can be provided as evidence to the place of origin, and can also provide video evidence or photos. Sue the owner for defaulting on the property as long as it can prove that the merchant is in arrears and refuses to pay the property fee.

1. What materials can provide evidence for suing the owner for property fee disputes?

The evidence provided by property disputes can be dunning records of each account period: telephone, WeChat and SMS, especially for owners who have great opinions on the property or have quality problems, the dunning records should be kept; Payment notice distributes photos, and several photos can be taken from printing to delivery for later use; The notice of deduction should be filed and distributed to the bulletin board, and then photos should be taken for retention; Records of sending reminders, including courier receipts and pictures posted on the door; Lawyer's letter sending record.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes,

Article 6

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

According to the provisions of the Interpretation, property companies have the right to require owners to pay property fees. But it has to go through certain procedures. Property companies bear the burden of proof for written reminders.

The required materials include the owner's residence information, the time and amount of property fees owed by the owner, the business license of the property management company, the identity certificate of the legal representative and other evidence materials.

Second, the property fee dispute prosecution process:

1), that is, to file a complaint with a court with jurisdiction.

(two) filing review, in line with the conditions for filing, notify the parties to pay legal fees within 7 days, and file the case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible. If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days. After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution.

(3) If a court session is arranged, notify the parties of the time, place and undertaker of the court session three days in advance; The public hearing of the case will be announced three days in advance.

(4) announce the court session, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.

(5) court investigation, the parties state the facts of the case.

(six) to provide cross-examination evidence, inform witnesses of their rights and obligations, witnesses to testify in court, read the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials.

(7) Court debate, in which the parties debate and demonstrate disputed facts and legal issues.

(8) court mediation, under the auspices of the court, the parties agree to resolve the dispute.

(nine) to reach a mediation agreement and make a mediation document, which will take effect after both parties sign for it, and the parties perform the contents of the mediation document or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling).

(10) When the judgment is pronounced, the parties agree to the judgment, and the parties automatically perform the obligations specified in the judgment document or apply to our court for execution; If there is disagreement with the referee, it needs to be treated differently according to the situation:

(1 1) ruling to appeal to the people's court at a higher level within 10 days from the date of service;

(12) The judgment shall be appealed to the people's court at a higher level within 15 days from the date of service.

Telephone recording, chat records of WeChat notifying property payment, reminders, payment records and other materials. Can be provided as evidence to the court. You can pay the legal fees within seven days after the prosecution, and then wait for the court session. Evidence is very important for litigation, so all evidence that can prove that the owner is in arrears with property fees can be provided, except physical evidence and witness.