How to mediate when the property is sued by the court?

Now many times, many people are actually not suitable for property management. If there is a conflict with the property, you may be sued by the property, but many people are not clear about the property litigation, so how to adjust the property litigation? Let me introduce you to a related knowledge point.

Now many times, many people are actually not suitable for property management. If there is a conflict with the property, you may be sued by the property, but many people are not clear about the property litigation, so how to adjust the property litigation? Let me introduce you to a related knowledge point.

First, how to adjust the real estate litigation?

After receiving the summons and notice of responding to the lawsuit from the court, the court should respond to the lawsuit according to the time and address, otherwise it will be regarded as a waiver of rights, and the court will still make a judgment by default. If the property management company has faults and shortcomings in the process of providing property services, it can use the time to provide 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.

The owner shall pay the property fee in accordance with the stipulations of the property service contract. If the arrears of property fees refuse to be paid, the property service company may bring a lawsuit to the court for payment. After being sued, the owner should go to the property in time to settle the property fee and pay the liquidated damages (late fees) as agreed in the contract. Otherwise, after the property wins the case, you can apply to the court for enforcement. Property companies as plaintiffs generally have three demands:

(a) require the defendant to pay the property fees owed;

(2) Requiring the defendant to pay the overdue fine;

(3) Require the defendant to pay legal fees.

Second, how to counterclaim the arrears sued by the property?

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.

The plaintiff may waive or change the claim. The defendant may admit or refute the claim and has the right to file a counterclaim.

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.

3. What are the consequences of being sued for not paying property fees?

Property management fee is the fee charged by the property management company in residential quarters when managing the property. Property management fees are generally paid after buying a house. If the property management fee is in arrears, the property will sue the owners who have not paid the fee.

The property sued the owner who didn't pay the fee, and the result of the prosecution was to pay the property fee. According to the "Regulations on Property Management", the owner shall pay the property service fee according to the agreement in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case.

The above is my introduction on how to adjust the property litigation. When you have a property lawsuit, you must prepare the materials in time and prepare these cases in time, so that you can deal with the lawsuit. If you don't understand, you can be a professional lawyer.