How to reply to being sued for owing property fees?

Theoretically, the property fee before XXXX (three years from the date of prosecution) has passed the statute of limitations.

2. Legal basis

According to the current law, the limitation of action is three years, counting from the date when the property fee should be paid. Unless the property can prove that they notified and urged us by posting notices or other means within the limitation of action. For example, if the property fee of 20 15 is to be paid before 20 16 1 at the latest, then the limitation of action starts from 20 16 1. Before 20 19 1.2, if the property has not been collected, or there is no way to prove that it has been collected, the statute of limitations for property fees of 20 15 will expire. I am an analogy.

3. Application stage

The defense of limitation of action does not involve counterclaim, and can be put forward in court at the hearing.

Generally speaking, this will be a strong counterattack point, so once sued, the owner must take the initiative to file a lawsuit in court in time.

4. Main points

(1) See if the other party can provide evidence to prove that they have urged the property fee.

Property companies often have special legal departments or consultants, so they are likely to keep evidence of property fees. If the property company submits the corresponding evidence, we should carefully examine it. Some courts will find that the evidence of property asking for property fees is vague and will not support it.

(2) I also recall whether I have signed a collection notice, when I signed it, and which year or years it will take.

If the written record of such signature is kept or preserved by the other party, it will be passive.

(3) Strive for it year by year

Property fees are paid annually, not packaged as a whole, so the statute of limitations should be calculated annually.

(2) Counterclaim on the quality of property service-the service is defective and the property fee needs to be deducted accordingly.

1. Core proposition

The existing houses need to be repaired, but they have not been properly maintained and solved.

2. Contract basis

Please read the property service contract carefully to see if the property has the obligation to maintain the house. If the property has a maintenance obligation according to the contract, you can make this counterclaim and try to prove it.

3. Application stage

This claim should be made in the form of counterclaim. In order to promote talks by fighting, it is recommended to file a case and summon it in time after receiving it. As far as the current situation is concerned, this will also be a relatively strong counterattack point, but if it is not put forward in the first instance, the court will not take the initiative to apply it, and the second instance will not be supported.

4. Main points

(1) Make great efforts to change our thinking.

Although the quality problem should be found by the developer, the quality of the house is problematic, which of course means that there is a need for maintenance. Maintenance problems are generally agreed in the property service contract, and the property is responsible for it. In other words, when looking for a developer, it is about quality; When looking for a property management company, it was maintenance. But in essence, it is actually a problem!

(2) it is difficult to prove.

If the property service contract is not retained, or the existing property service contract is not clear about the maintenance responsibilities and obligations, or the house has no obvious signs of maintenance at present, it may be difficult for the other party to refuse to accept it during the negotiation.