What should I do if I receive a notice of property management prosecution?

After receiving the summons and notice of responding to the lawsuit, the court shall attend the trial according to the time and address, otherwise it will be deemed that the parties have waived their rights and the court will still make a judgment by default. If the property company has faults and deficiencies in the process of providing property services, it can use the time of giving evidence to actively collect evidence to defend. In addition, the property company's claim should belong to the creditor's right, you can check whether it exceeds the limitation of action.

Legal analysis

After receiving the notice of being sued, the parties concerned should actively collect evidence and prepare for defense, and the parties have the responsibility to provide effective evidence. The people's court will try the evidence normally and objectively, even if the defendant does not submit a defense, it will not affect the trial of the case. If the property management company has faults and deficiencies in the process of providing property services, the owner can use the time to provide evidence, actively collect evidence to defend, determine that the property is being sued, and receive a summons and notice of responding to the lawsuit from the court. First look at the property management contract, explain the service content of the property management company in detail, and clarify the rights and responsibilities. Determine whether it is reasonable to default on property fees. For example, if the house leaks, it is the responsibility of the developer, and the owner cannot refuse to pay the property fee on the grounds of the quality of the house. After defining the service of the property, if the reason for not paying the property fee is not sufficient, the property service provided by the property company does conform to the contract. Then it is best to go to the property in time to settle the property fee and pay the liquidated damages according to the contract. Otherwise, after the property wins the case, you can apply to the court for enforcement. In addition, the property company's claim should belong to the creditor's right, you can check whether it exceeds the limitation of action.

legal ground

Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.