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How can I sue the property fee to the court?
If the property issues a reminder letter during this period and the limitation of action is interrupted and recalculated, the court will generally support the property's claim.
If the property right unit fails to make a performance request to the obligor within three years, the statute of limitations has expired and the court will not support its property claim.
In any of the following circumstances, the limitation of action is interrupted, and it is recalculated from the date when the interruption ends and the relevant formalities are handled:
1. The creditor requires the debtor to perform;
2. The debtor agrees to perform its obligations;
3. The obligee brings a lawsuit or applies for arbitration;
4. Other circumstances that have the same effect as bringing a lawsuit or applying for arbitration.
The real estate administrative departments of the local people's governments at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities.
The owner will not immediately file a lawsuit against the owner for defaulting on the property fee. Generally speaking, litigation will be considered after the following steps:
1. If the owner defaults on the property fee, the property will generally be urged in time after it is discovered;
2. If the owner fails to pay again within a reasonable time, the property may notify the owners' committee to assist in collection;
3. If the owner still fails to pay within a reasonable time, the property will consider charging the property fee and claim compensation through litigation.
legal ground
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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