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The specific process of suing upstairs for disturbing the people
1. If it is necessary to obtain evidence by recording, it is recommended to entrust an appraisal institution with noise detection qualification to conduct noise appraisal.
2, can take the initiative to negotiate with the noise infringer, record the dialogue between the two sides in the negotiation process, and save the evidence that the other party admits to producing noise.
3. If the communication with the other party is fruitless, you can try to seek the property to intervene in the negotiation, and you can ask the property to issue relevant certificates.
4. If the victim is damaged by noise pollution, the detailed medical report diagnosed by the hospital can also be used as one of the evidences.
Noise affects other people's lives and violates the Law on Public Security Administration Punishment. You can call the police and let the public security department handle it. Give a warning if noise interferes with the normal life of others; Those who do not make corrections after warning may be fined from 200 yuan to 500 yuan.
The solutions to disturb the people upstairs are:
1, take sound insulation measures by yourself.
2. Ask the other party to reduce the noise and pay attention to negotiate with the other party.
3. Seek property management to help solve residents' disputes.
4. Alarm processing.
5. sue.
The prosecution procedure for noise nuisance is as follows:
1. determine the court of jurisdiction. The first question to be determined before prosecution is which court to sue. The plaintiff may bring a lawsuit to the people's court of the defendant's domicile. If the defendant's domicile is inconsistent with his habitual residence, he may bring a lawsuit to the people's court of his habitual residence.
2. Write a letter of complaint.
A civil complaint shall include the following contents:
(1) Basic information of plaintiff and defendant. If the plaintiff knows that the defendant's whereabouts are unknown, it shall indicate it in the indictment and provide the defendant's information and original residence as much as possible;
(2) The content of the claim shall be specific and clear, and if it is a payment, the type and quantity shall be specified; If it is a payment behavior, it should explain why it is done or not;
(3) Facts and reasons are the evidence and support of the plaintiff in civil litigation;
(4) Signature and time, signed or sealed by the plaintiff, and signed the time.
3. organize the evidence.
The following evidence is required to prosecute noise nuisance:
(1) If sound recording is needed for evidence collection, it is recommended to entrust an appraisal agency with noise detection qualification to conduct noise appraisal.
(2) You can take the initiative to negotiate with the noise infringer, record the dialogue between the two parties in the negotiation process, and save the evidence that the other party admits to producing noise.
(3) If the communication with the other party is fruitless, you can try to seek the property to intervene in the negotiation, and you can ask the property to issue relevant certificates.
(4) If the victim is damaged by noise pollution, the detailed medical report diagnosed by the hospital can also be used as one of the evidences.
4. Filing a case means submitting a complaint to the court in the jurisdiction and providing evidence.
5. Payment: The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the acceptance notice.
6. After the trial is decided and the case is filed, the court will arrange the trial time, and the parties shall obey the work arrangement of the court.
7. Apply for enforcement. After the judgment comes into effect, if the performance period determined by the judgment expires and the other party still fails to pay you all the money, you may apply to the court for compulsory execution.
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