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What should I do if I am sued for defaulting on property fees?
What should I do if I am sued for defaulting on property fees? When there is a civil dispute with others and both parties can't solve it by themselves, many people will think of this means of prosecution, and the prosecution also needs to go through a certain process. Share with you what should I do if I am sued for defaulting on property fees?
What should I do if I am sued for defaulting on property fees? 1 Don't worry too much about being sued for defaulting on property fees. Do not take evasive measures. We must actively cooperate, tell the truth, and then be prepared to pay the property fee, because the property fee is the obligation of every owner. I suggest consulting a local professional lawyer to see what the chances are of winning the case. If the odds are not great, you can also apply for withdrawing the lawsuit and pay the property fee. As for the losses caused by poor property management, you can also sue the court and ask the court to make a judgment according to law to recover your losses.
How to solve property disputes?
1, improve relevant laws and regulations
Resolving property disputes needs legal support, but there is no unified property management regulations at present, and many things lack unified norms. Therefore, in order to reduce property disputes, it is necessary to improve relevant legal provisions first.
2. The host should not expect too much.
Many business owners will believe the salesman's introduction or publicity materials, newspaper advertisements and so on. And then have high expectations for the environment and property management of the community. As a result, it was found to be different from the imagination, resulting in disputes. So in order not to be disappointed after check-in, don't expect too much from nurses, and objectively evaluate the living environment.
3. Property management companies improve the quality of management services.
Some property management can't strictly follow the contract and system, the way to deal with problems and contradictions is simple and blunt, or the owners are forced to service management by improper means such as deposits and fines, which intensifies contradictions. Therefore, in order to better solve property disputes, property management companies need to improve the quality of property management.
4. Owners should improve their awareness of self-protection.
When buying a house, some owners only pay attention to the quality and price of the house, but often ignore the property management problem. They only know how to deal with the seller, but they don't know how to deal with the property company, and they don't even know the rights and obligations between themselves and the property company. Therefore, in order to avoid disputes, owners should improve their awareness of self-protection and learn more about property management.
What should I do if the property is sued for not paying the property fee? When the owner is sued for not paying the property fee, don't panic. This is just an ordinary civil case, and it's no big deal. Only owners who want to safeguard their own rights and interests need to respond positively, rather than ignore it, which will only make themselves more "injured".
Generally speaking, car owners can take the following two ways to deal with it:
1. If the property fee is sued for default, the owner can negotiate with the property and let the property be rejected.
In life, the reason why owners refuse to pay property fees is often poor property services, such as dirty and dirty communities, frequent theft and so on. However, these reasons often do not constitute a reason for the owners to refuse to pay property fees. Once sued by the property, they can easily lose the case and eventually have to pay.
2. If there is no intention to negotiate or negotiation fails, the owner should actively respond to the lawsuit, collect relevant evidence by himself or entrust a lawyer to conduct litigation, which can better safeguard his own rights and interests.
If the owners really want to "fight" with the property, they should actively collect evidence and report to the court on time. If the evidence is sufficient, he can still win the case. At worst, he will not let the court listen to the one-sided words of the property and try to pay less.
Perhaps there are also owners who ignore the court summons and think that the property likes to sue. I'm not paying anyway. This idea is actually unacceptable. If the owner does not reconcile with the property and does not appear in court, the court will make a default judgment based on the materials provided by the property. If the owner still refuses to pay the property fee after winning the case, the property company can apply to the court for enforcement, and the court will forcibly deduct the money in the owner's bank to pay the fee.
Therefore, the most important thing for the owner to be sued by the property is to deal with it actively and avoid ignoring it. If the evidence is sufficient, after consulting a professional contract lawyer, it is no harm to find a lawyer to fight with the property.
What should I do if I am sued for defaulting on property fees? 1. What should I do if I am sued for defaulting on property fees?
Those who are sued for defaulting on property fees shall pay the property fees in time, and those who refuse to pay the property fees with justifiable reasons shall actively respond to the lawsuit.
People's Republic of China (PRC) Civil Code
Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
Second, how to write the defense of the property fee dispute?
1, header.
The following contents should be stated in the title:
(1) title.
(2) the basic situation of the respondents. The party column directly lists the basic information of the respondent. If the defendant is a citizen, the name, sex, age, nationality, native place, occupation and address of the respondent shall be listed.
If there is an agent, write the agent next to the other line, and indicate whether it is the legal agent, the designated agent or the entrusted agent, and indicate the name, gender, age, nationality, place of origin, occupation and address. If it is a legal agent, it is also necessary to explain the relationship with the respondent. If an agent is entrusted, the name and position of the agent only need to be stated. If the defendant is an enterprise, institution or organization (legal person), the full name and location of the respondent and its unit shall be listed first.
Write the legal representative of the unit and his name and position on another line. On a new line, list the entrusted agent, his name and position. The situation of the other party does not need to be listed separately. You can explain who the prosecutor and appellant are in the following defense reasons, and what is the cause of prosecution or appeal.
(3) state the reasons for defense. The defense of the first instance case and the defense of the appeal case are written in different ways.
2. Reasons for reply.
The cause of defense is the main part of the cause of defense, and there is no uniform writing. You must defend the facts and reasons put forward by the plaintiff in the complaint or the appeal request and reasons put forward by the appellant in the appeal. You can put forward the opposite facts, evidence and reasons to prove that your reasons and opinions are correct and your demands are reasonable.
3. The following contents should be explained in the tail and appendix:
(1) Submit permission. Written as "Hereby" and "People's Court".
(2) Write it on the lower right. Respondent-(signature or seal) and date.
(3) Appendix. Indicate the names and quantities of exhibits and documentary evidence.
Arrears of property fees shall not be investigated for criminal responsibility. In judicial practice, owners cannot refuse to pay property fees on the grounds that they don't need to accept property services or don't live in a house. After being sued by the property company, if the evidence is sufficient, the court will generally support the appeal of the property company.
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