Job Recruitment Website - Property management - Procedure for prosecuting property infringement

Procedure for prosecuting property infringement

1, sue, that is, file a complaint with a court with jurisdiction. 2. filing a case for review. Those who meet the conditions for filing a case shall be notified to pay the legal fees within 7 days, and the case shall be filed after paying the fees. If it does not meet the conditions for filing a case, it shall be ruled inadmissible. 3. Arrange the court session time. Notify the parties of the time, place and undertaker of the court session 3 days in advance. The public hearing of the case will be announced three days in advance. 4. Hold a trial. 5. sentences.

1. What is the civil litigation process of suing the property?

1, sue, that is, file a complaint with a court with jurisdiction.

2. Filing a case for review

In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a 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. Arrange the court session time

Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.

Step 4 hold court sessions

Announce the hearing, 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.

Court investigation: the parties state the facts of the case.

Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out 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.

Court debate: the two sides debate and demonstrate controversial facts and legal issues.

Court mediation: Under the auspices of the court, both parties agreed to settle the dispute.

If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling).

5. Sentences

If you agree to the judgment, the parties will 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:

Ruling: appeal to the higher people's court within 10 days from the date of service;

Judgment: Appeal to the Higher People's Court within 15 days from the date of service.

Second, how to sue the property company

1, investigation and evidence collection

First of all, one or several people should do a good job of taking photos and videos. In the process of taking photos and videos, the name or personnel of the property management company must be photographed or entered. Sometimes, in order to prove the property company's continuous breach of contract, it is necessary to take photos and videos for several days.

2. Ask the lawyer about the legal relationship.

You can consult the law firm about the relevant legal relationship and get an accurate understanding.

3. Set aside a certain amount of time.

Evidence collection and litigation take a lot of time and are very complicated. We should be prepared psychologically and in time.

4. Write civil complaints, draft litigation requests and list relevant evidence.

Through the above answers, we should already know what the civil litigation process of suing real estate is. Evidence is the key to winning the case. It is best to investigate and collect evidence before suing the property company, and then consult the lawyer's legal relationship. Then write a civil complaint as required, and then wait for the court to file a case for review and arrange a court session, hoping to help everyone.