Property fee payment order

Legal analysis: Property fee is the fundamental guarantee for maintaining public order, environmental sanitation, public area maintenance, elevators, power distribution, public lighting and other equipment and facilities, and it is also the basic guarantee for property companies to maintain their daily operations. However, the low payment rate of property fees in many residential quarters has become a strange circle that plagues residential property companies and owners. On the one hand, the community owners refused to pay the property fees for reasons such as inadequate property services, on the other hand, the property companies could only lower the property service standards or even quit the community, resulting in a lose-lose result.

Generally, if the property fee is not paid, it will be handled according to the procedure of first urging and then suing. Because there are many owners in arrears, the amount is small, and the court filing procedure is long, property companies are generally reluctant to go through litigation procedures. So is there a better solution? Actually, there is. In some places, property companies have applied for payment orders through the courts, which has solved this problem well.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 214 Paragraph 1 Where the creditor requests the debtor to pay money or securities, it may apply to the grassroots people's court with jurisdiction for a payment order if it meets the following conditions:

(1) There is no other debt dispute between the creditor and the debtor;

(2) Payment orders can be served on the debtor.

The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)

Article 429 Where a creditor applies for a payment order that meets the following conditions, the basic people's court shall accept it and notify the creditor within five days after receiving the application for a payment order:

(1) Requesting payment of currency or negotiable securities such as bills of exchange, promissory notes, cheques, stocks, bonds, treasury bills and negotiable certificates of deposit;

(2) The money or securities requested for payment have expired and the amount has been determined, and the facts and evidence on which the request is based shall be explained;

(3) The creditor has no obligation to pay;

(4) The debtor is in China and has not disappeared;

(5) Payment orders can be served on debtors.

(6) The people's court that accepts the application has jurisdiction;

(7) The creditor did not apply to the people's court for pre-litigation preservation.

If it does not conform to the provisions of the preceding paragraph, the people's court shall notify the creditor that it will not accept the application for payment order within five days after receiving it.

The basic people's court accepts cases applying for payment orders and is not limited by the amount of creditor's rights.