Tips for suing property companies

First, how to sue the property company

Directly sue, collect evidence, draft a complaint and submit it to the court where the property company is registered.

(1) Preparing prosecution materials

(2) 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.

(3) drafting a 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 certificate issued by the street office or the neighborhood Committee, plus a fee permit issued by the price bureau to the community, which can prove the factual contractual relationship.

(4) List of evidence

1, the company's business license and qualification certificate, which prove that the company has the legal right to operate.

2. The property service contract, the charging license and the certificate issued by the neighborhood office or neighborhood committee prove that the company has legal property service rights and charging standards in the community.

3. Government Decree No.28, Notice on Standardizing the Allocation of Public Facilities in Residential Areas of Our City, Notice on Collecting Garbage Disposal Fees and other related documents prove the legality of various charges for property services, including late fees.

4. Real estate right registration form, enterprise registration information form and shops, which prove that the defendant is the owner or user of the real estate.

5. Other evidential documents.

Second, how can the owner sue the property company if he does not pay the property fee?

Of course, there is a charge for the property company to serve the owners. No charge, who pays the salary of the property company? Who will maintain public facilities? How to maintain it? Therefore, if the owner does not pay the fee, the property company can sue the owner according to the property service contract. Article 7 of the Regulations on Property Management: Owners shall perform the following obligations in property management activities: (1) Abide by the management statute and the rules of procedure of the owners' meeting; (two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area; (three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress; (four) in accordance with the relevant provisions of the state to pay special maintenance funds; (5) Pay the property service fee on time. Article 67 of the Property Management Regulations violates the property service contract, and 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.

3. What are the steps in the civil procedure?

First instance procedure:

1, the plaintiff sued

2. The court will serve a copy of the indictment on the defendant after accepting it.

3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial.

4. The court shall notify the parties and announce the cases decided to be heard in court three days ago.

5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record.

6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.

7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.

8. Announcement of judgment

Second instance procedure:

1. If a party refuses to accept the judgment of the local people's court of first instance, it has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served. The appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or representatives. If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days.

2. Court acceptance

3. The trial procedure is generally the same as the first instance, and the difference is mainly in the scope and content of the review. The above is the explanation around what is the civil procedure.