Job Recruitment Website - Property management - Can property fees be prosecuted after 4 years?
Can property fees be prosecuted after 4 years?
Property fee is a kind of debt. As long as the creditor exercises the right of call, your unpaid property fee is in a continuous state, and the property can sue you at any time. According to the Civil Code, the limitation of action is three years. As long as the property management company conquers you within 3 years, it will not lose the right to win the lawsuit.
Solution:
1, looking for evidence of limitation interruption.
Think carefully about whether you have made a performance request to the owner who defaulted on the property fee within the limitation of action, including but not limited to letters, emails, text messages, WeChat and even face to face. If you do, and there is evidence to prove it, then the statute of limitations will be interrupted and recalculated.
2. Negotiate with the owners who are in arrears of property fees and sign an agreement to pay the arrears of property fees.
In this way, the limitation of action can be extended from the time when the repayment plan expires.
3. Keep the evidence that the owner who is in arrears with the property fee agrees to pay the property fee.
If the owner who is in arrears with the property fee is unwilling to make a written statement, he can invite an unrelated third party or relevant unit to witness it, and keep the telephone records, audio and video recordings that the owner who is in arrears with the property fee agrees to perform. The debtor's acknowledgement of creditor's rights, request for postponement of performance, provision of guarantee and payment of interest are all regarded as agreement to perform obligations.
4. Bring a lawsuit to the court.
If the statute of limitations has expired and there is no way to negotiate, then direct prosecution can also be considered, because according to relevant judicial interpretations and other regulations, the court cannot actively apply the statute of limitations. If the other party does not contest the limitation of action after prosecution, then your appeal may be realized.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
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