If the property is sued, how to deal with it correctly?

First of all, I was sued by the property. I can only say that after what happened, I think those bureaucratic laws are useless or useless (unless you have the money and time to protect your own interests), and I understand everything after the experience. At that time, 43 property companies were sued, 30 of which were uninhabited. My family is inhabited, but the property service is not in place, which leads to leakage of the balcony at home and mildew in the later period. The property that has been contacted for maintenance has never been repaired. Overdue property fees. Finally, he was sued by the property to the court. I was well prepared at that time, such as photos and phone records. However, I submitted evidence to the judge during the court session, but the judge told me that the court session is about unpaid property fees. The evidence I provided has nothing to do with this case, so I can sue the property for failing to fulfill the contract terms of service (in short, you can sue the property again and then sue for payment). In the end, I lost the case completely. The reason is that I owe money and didn't give it. The evidence I provided is useless, and finally I have to pay the property fee. My home is in Jinzhou Economic and Technological Development Zone in the northeast of Liaoning Province.

Therefore, the official statement is that money should be paid regardless of the property service. If there is a problem, you can also sue the property company to solve it yourself or negotiate after the court. But when the problems you encounter can be solved depends on the efficiency of the property. If you are really angry, you must go to court to sue him. How long it will take depends on your experience. I didn't continue to defend my rights, and finally negotiated with the property to pay half of the property fee, and then settled the rest after the property fee was repaired.

The owner is sued by the property company for urging the payment of property fees. How to deal with it correctly?

The owner was sued by the property company for failing to pay the property fee. As long as the property company is not too cheap (the property company will not sue under uncertain circumstances), the court will decide the property company to win the case.

However, because there are too many similar lawsuits in various places, the courts are also annoyed. Therefore, according to different regions, the courts have different policies for accepting cases, such as pre-trial mediation and filing a case by the first arbitrator. In the end, most of the cases that can be tried are decided by the owners to lose the case.

What should the owner do after receiving the lawsuit?

The author suggests: don't hide, don't make trouble, be reasonable and have something to say.

Because according to the Property Management Regulations, the Property Law and the judicial interpretation of the High Court on the trial of property service disputes, the court is a simple lawsuit in the trial of a class of collection of money, which can be heard in one session.

For property companies, the material requirements for proof are very simple, showing the property service contract to the court, quality records in the service process, such as personnel attendance records, quality inspection records and so on. Prove that the property has fulfilled its contractual obligations.

For the owners, the evidence of dereliction of duty of the property company is often not accepted by the court, because many owners give evidence of the service quality of the property service enterprise, not the evidence of contract performance. The following is the evidence presented by the owner in court:

1, garbage is not removed in time, and the floor is not cleaned for several days a month.

2. the car parked in the community was scratched, and the property company did not give an explanation.

3. The house was stolen and the property was lost.

4. The greening of the residential area is damaged more, and the property company is poorly maintained.

5. The owner himself has not stayed for a long time and has not enjoyed property services.

6. The unit door and monitoring facilities were seriously damaged and not repaired in time.

The above and other evidence that can prove that the service of the property management company is not in place will not be accepted by the court, and at most it will be considered as a service defect rather than a fault.

If the owner suffers personal and economic losses due to the property management company, the court will also advise the owner to sue separately, which has nothing to do with the property fee lawsuit.

So once the owner receives a complaint, carefully compare the reasons for his refusal. If the service is really defective, it is better to settle with the property owner and pay compensation, otherwise the court will still lose the case.

For property companies that do not strive for improvement in the quality of property services and have no reasonable rectification measures, in addition to complaining to relevant government departments, the author suggests that the owners' congress and owners' committee should be used to safeguard their own rights and interests through legal channels of community rights protection. It's really annoying for the property company to ask them to leave.

In fact, in the following days, many owners will be sued by property companies for paying property fees. So how should car owners deal with this situation? Let me explain something to you:

1. As the owner, when receiving the court summons, he must actively respond to the lawsuit, and don't be absent by evading or ignoring it, so that the court will lose the case when making a judgment. Responding to a lawsuit is also a respect for the law. If not, you can entrust a lawyer to handle it.

2. As the owner, refusing to pay the property fee must be justified. I can't say that I don't think you are doing well, so I don't pay, or that "irregular menstruation is the fault of the property." There must be strong evidence to prove that the property is really not done well, which affects your quality of life and prevents you from living normally.

3. The evidence provided should have a clear date, clear photos, clear content and be able to tell the specific location. For example, sleeping peacefully and patrolling irregularly must be proved by clear evidence. If the camera is damaged, you need to have evidence of the damage, and when it is damaged, one is not repaired. Garbage can not be cleaned up in time, etc.

4. Invite other owners to respond as much as possible. After all, as the owner, if the property does not admit inaction during the audit, the owner will boo. Seeing many owners present, the property management company is still under great pressure. Don't talk nonsense, or you will shoot yourself in the foot.

If the evidence is accepted, the property management company must bear the fault. If the evidence is not accepted, try to reach a mediation with the property company. In fact, the ultimate goal of the property company is to collect property fees, rather than really killing the owners of the community. As long as you can agree to pay, the general property company will charge at a discount.

6. Never ignore it. As long as we go through the prosecution procedure, we must go. Otherwise, if you ignore it, the property company will apply to the court for enforcement if it doesn't receive the money, and it will put you on the blacklist of dishonesty, which is the most worthwhile. It will affect your work, your future and bring you endless inconvenience.

Whenever you receive a summons from the court, you should respond positively. If you really can't, entrust a car owner who knows the law or directly ask a lawyer for help. Generally speaking, unless there is obvious evidence to prove the inaction of the property, it is difficult for the owner to win the case. Try to mediate.

If you agree with the author's point of view, please like it, and we will have more * * * songs.

The following solutions are for your reference:

One is to get the plaintiff to drop the lawsuit.

The best way is to actively communicate with the property before the court session, reach an agreement, and then pay the property fee, so that the plaintiff can withdraw the lawsuit before the court session, and there is no need for the court session.

If you wait for the court to hear the case, there are the following disadvantages:

1, affecting your work. You should appear in court on time according to the subpoena time of the court and accept the court investigation. Because the court hearing is held on a working day, it will affect your work, so you should calculate the cost;

The trial should be broadcast publicly. Anyone can see the whole trial. Many people don't want their actions to be exposed to the public. For people who do business and have a certain social status, such exposure will have a negative impact on themselves.

3. The judgment is also public. For property service contract disputes, the court will generally decide to support the plaintiff's demands, and at most deduct the defendant's expenses for the plaintiff's inadequate service, so basically the defendant loses the case. After such a judgment is made public, it will have a certain adverse impact on the defendant;

4, may be included in the list of dishonesty. If you don't perform the court judgment in time, once the plaintiff applies for execution, you will be included in the list of untrustworthy people, which will be very unfavorable to your life and work, and even have a bad influence on your future generations.

Of course, you are definitely unwilling to pay the property fee, saying that I didn't pay it because of XXX. Indeed, everyone who does not pay the property fee is not without reason, and there is always a reason. However, we need to understand that property services are not everything, they just need to coordinate their responsibilities in many things.

Therefore, if you feel that the property service is not in place, you can negotiate to reduce the property fee. There is a standard that you can refer to, that is, the previous empty house property fee (excluding public energy consumption and elevator fee) can be discounted by 30%, and the property service is not in place at most by 20% and 10%.

For those property companies whose service expires, the general discount is relatively large, because they don't continue to do it and get it back little by little; However, if it is a new property management company, there are generally fewer concessions.

Second, the trial.

Some defendants just want to vent their anger and "complain" about the inadequate service of the property company. It doesn't matter, but you must spend time and energy preparing the evidence. Every counterclaim you make must be supported by evidence, otherwise the defense is useless.

Third, settle the case through mediation.

If the plaintiff can give you a 20% discount, you can reach a mediation agreement with the plaintiff as soon as possible, or simply pay the plaintiff to drop the lawsuit and get rid of it completely.

Taking photos of unreasonable property as evidence is not afraid to deal with the court. We didn't break the law, but the property service was not good. It's okay. I have been sued by the property management for three times. Every time I go to court, I go. I have evidence of their inaction. When I went, it was also an out-of-court mediation to reduce the property fee. Afraid of a bird,

Note that when you go to court, you must not say that you refuse to pay the property fee, but delay the payment because the property service is not in place and ask for relief! ! ! Remember everyone! ! ! !

If the property sues the owner, it is basically the court that supports the demands of the property company. Because the court ruled according to the property management regulations, as for the owners' demands, it is more difficult to obtain evidence, that is, the defendant owners gave evidence, which was basically not adopted. No matter what the owner thinks, the property management fee must be paid on time, which is an obligation. As for the owners who are strongly dissatisfied with the property company, they can go through the procedure of the owners' meeting and vote to decide whether the property company will stay or not. The most important point is that if the property management fee collection rate of the residential property company is above 90%, the accused owner will definitely lose the case, pay the fees owed in full, and even bear the liquidated damages if possible, but the court will advise the property company to give up the right to claim liquidated damages against the accused owner. Therefore, don't easily owe property fees. If the verdict, the owner will be included in the integrity file, which will bring trouble to the future life.

Property is a moth, a cancer and a major factor affecting social harmony and stability! !

Tell you a story. It is said that there is a mountain village where two young people live. One is a very kind, diligent and enthusiastic young man who helps other villagers in the village every day. Every day, other villagers' water tanks are filled with water and cut wood. Day after day, it never stops. All the villagers praised and liked the young man. Another young man is lazy, does not like to talk, often bullies other villagers, and dares to be angry and dare not speak.

However, one day, this kind and diligent young man fell ill. He was sore and very ill. He didn't get up for several days, and he didn't continue to work for other villagers, fetch water and cut wood. The young man was fine on the first day of illness, but the villagers in this village began to be dissatisfied with this kind and diligent young man the next day. The villagers began to get angry. The angry young man didn't give us water and firewood, and felt that this year's relatives were too shameful. On the fifth day of article 4, the whole village was unwilling and began to scold the sick young man, saying that his relatives had begun to pretend to be sick this year in order not to work for everyone, but they said anything ugly anyway. During this kind and diligent young man's illness, no villagers visited him.

At this time, another young man, who was lazy and used to bullying these villagers, saw that everyone was scolding this kind and diligent young man for pretending to be ill in order not to work for everyone, which led to water shortage in other villagers' homes. On a whim, he fetched a bucket of water for all the villagers. At that time, all the villagers were surprised and moved. They all feel that when everyone is in trouble, this talented young man who once made everyone afraid is really a good young man. All the villagers brought their own gifts to thank this promising young relative and praised and thanked him. Later, the sick young man recovered. When he went out to meet other villagers, he was laughed at by other villagers and said that he was pretending to be sick. The young man left the village sadly.

There is a saying in the property industry that "property service is 100- 1 = 0, which means that even the property service industry has done 100 good things. As long as you do something wrong, people may not remember the 100 good things you did before, but only remember that you did something wrong. How many good things do you do? Only when you do one wrong thing will you be dissatisfied with you. " This is the statement that the property industry 100- 1 = 0. It's a little similar to the previous story.

We often see or hear some people's dissatisfaction with the property, saying that the property is not good and so on. But let's calm down and think about it. Is it true that your property management company does nothing? Is it true that nothing has been done? The property management company is the collective owner service of the whole community. When dealing with things, it considers more collective interests, which will inevitably touch the personal interests of some individual owners. In the whole community, the property management company has to serve so many people and so many owners that it is impossible to satisfy all the owners. You can't deny all the achievements of the property just because you are not satisfied with one thing, which is unfair to the property company.

The property service is not as good as everyone thinks, and the property needs to pay a hundred times of efforts to get the approval of the owners. But as long as there is one thing that the property management company does not do well, it will seize the owner's dissatisfaction and may also deny the previous approval. Property companies collectively serve the whole community, serve many owners every day, and how many things will be handled every day. It is impossible to handle everything perfectly. Under such circumstances, if the owner can refuse to pay the property fee because he is slightly dissatisfied with some parts of the property service, then the property in the community can't be done. There is still a big gap between the residential areas without property companies and those with services provided by property companies.

If you are sued by the property company for urging the payment of property fees, how to deal with it correctly? That depends on why you don't pay the property fee. If the property company refuses to pay the property fee just because you are not satisfied with the individual services provided by the property service, then I suggest you negotiate with the property company privately. Because I said in my last article that property management companies serve all collectives, and there will inevitably be some shortcomings. You can explain your dissatisfaction with the property and see the solution of the property. At the same time, the property fees we pay are actually more used for the overall maintenance and construction of the community. The property company can only charge a small part of the property fee to the property company itself. Only about 10% of the property fee we pay is used for the property company itself, and the other 90% needs to be used for the maintenance and construction of the whole community. In other words, the operation of the community can not be separated from the support of everyone's property fees, so in general, if there is no conclusive evidence to prove that the property company has serious negligence, it is difficult for the court to support the owners to refuse to pay the property fees.

Of course, if the property company does have serious negligence, then collect relevant evidence and deal with the prosecution of the property company.

What are the products of the property? Whoever asks you to go around the building and go out, call the community and collect money. If you don't pay, the person who invited you will sue you. I live in my house, it's none of your business. At present, the living standard of China people is not high. Many people can't afford to pay the property fee when buying a house. The comrades who rob rice don't ask for money by name. Wake up, don't ignore other people's empty pockets for your own.

In our community, some owners have been sued by the property for defaulting on property management fees. The owner began to collect a lot of evidence and visited other owners, which won the support of most owners. As a result, our property management fee dropped from 1 in 6 yuan to 1 in 2 yuan. So this means that the property management company lost the case.

In this case, you should deal with it calmly and don't panic. There are many cases where a residential area does not pay property management fees, and there must be serious problems in property management companies. For example, management is not in place, inaction, frequent theft, car smashing, substandard hygiene, arbitrary charges and so on. Try to find evidence in these services. Many owners have collected this evidence, so you can ask them to take it out.

As long as the evidence is sufficient, the property management company will lose the case.