Job Recruitment Website - Property management - What should I do if I am sued for owing property fees?
What should I do if I am sued for owing property fees?
1. Reach a settlement with the property management company by paying the property management fee, and let the property management company withdraw the lawsuit;
2. Property fees can be paid through mediation in the pre-trial mediation stage;
3. Those who are sued for defaulting on property fees shall pay the property fees in time, and those who refuse to pay the property fees with justifiable reasons shall actively respond to the lawsuit. Let the court decide, and then follow the court's decision.
What is the process of prosecution?
1, write a complaint, take a copy of the note, a copy of the ID card, and a photo of 1 inch, and file a case in the local court;
2. Serve a court summons on the defendant;
3. Open a court session and state the facts and reasons in court;
4. After the trial, the court issued a judgment and both parties signed it;
5. If there is no appeal within 5 days after receipt, the judgment will take effect;
6. The judgment will stipulate that the defendant will pay off the arrears within a few days after it takes effect. If the defendant fails to pay at that time, he can apply to the court for enforcement until he gets the money he deserves.
To sum up, if you are sued for defaulting on property fees, you can make up the arrears of property fees after consultation with the property company, and the other party will generally withdraw the lawsuit. The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
Legal basis:
Article 944 of the Civil Code of People's Republic of China (PRC)
The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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