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What evidence is the most effective for counterclaiming property?
1. How to counterclaim if the property is sued for failing to pay the property fee?
Because the property is sued for failing to pay the property fee, the owner can counterclaim before the time limit for proof expires. However, the owner should collect relevant evidence, such as evidence that the property management company has not fulfilled the property management contract. To apply for counterclaim, the first thing to do is to write a counterclaim, which should include the counterclaim and the defendant's situation, counterclaim request, facts and reasons, legal basis and related matters that need to be explained. In the evidence part, counterclaim can apply for evidence preservation, that is, in the case that the evidence may be lost or difficult to obtain later, it can apply for evidence preservation. When applying, it shall state what evidence needs to be preserved, the types of evidence, who holds the evidence and the specific reasons.
Article 51 of the Civil Procedure Law of People's Republic of China (PRC) * * * The plaintiff may give up or change the claim. The defendant may admit or refute the claim and has the right to file a counterclaim. Article 59
If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. Article 140
If the plaintiff adds a claim, the defendant files a counterclaim, and a third party files a claim related to this case, the trial may be combined.
Second, what does the property fee include?
Property fee refers to the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, renovation and other services for houses, buildings and equipment, public facilities, greening, sanitation, transportation, public security, environment and other facilities related to residents' lives in residential areas.
The composition of property service cost or property service expenditure generally includes the following parts:
(1) Managing the salaries, social insurance and welfare benefits of service personnel. ;
(two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property;
(three) the cost of cleaning the property management area;
(four) the cost of greening and maintenance in the property management area;
(5) Maintenance fee for regional order of property management;
(6) office expenses;
(seven) depreciation of fixed assets of property management enterprises;
(eight) * * * property, * * * facilities and equipment and public liability insurance costs;
(nine) other expenses agreed by the owner.
The cost of overhaul, medium repair, renewal and transformation of the parts and facilities used by the property shall be paid by special maintenance funds and shall not be included in the expenditure or cost of property services.
Property fees mainly include the salary of management service personnel, community greening, garbage disposal and other expenses. If the property is sued for not paying the property fee, it can counterclaim. First of all, you should collect the evidence of paying property fees or other relevant evidence, and then entrust a lawyer to write a counterclaim for counterclaim.
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