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What is the impact of losing the property fee lawsuit on the owners?
1. If the owner of the property dispute loses the case and does not implement it, the plaintiff may apply to the court for enforcement; Enforcement is an important way of judicial relief. The judgment without compulsory guarantee is just a piece of waste paper, and the judicial authority cannot be reflected. It is the legal right of citizens to apply to the court for enforcement, which must be accepted and enforced by the court.
2. If after the judgment comes into effect, it can be a criminal offence to refuse to execute it. If the applicant refuses to execute the judgment of paying money, the executor of the respondent has the right to demand the payment of the amount determined in the judgment, and has the right to demand the payment of debt interest during the delayed performance period, and the debt interest is calculated at twice the benchmark loan interest rate for the same period. Of course, the execution fee is also paid by the person subjected to execution. If he refuses to execute the effective judgment, the person subject to execution will also be included in the credit file as the person subject to breach of trust, and will be provided to financial institutions and other units in the form of credit reports for the relevant units to carry out credit punishment in terms of loan breach of trust, government procurement, bidding, approval, government support, financing credit, market access, qualification identification and so on.
Legal basis: Article 64 of the Regulations on Property Management.
In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
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.
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