How to file a lawsuit and counterclaim with the property in court?

The counterclaim process of property fee disputes is to prepare civil litigation and related evidence materials, which should be submitted to the court where the litigation is located. After accepting the defendant's counterclaim, the people's court will combine the counterclaim with this case. According to the regulations, the time to file a counterclaim is after the case is accepted and before the end of the court debate.

First, how does the owner counterclaim the property fee dispute?

1. Prepare civil litigation.

2, to the people's court with jurisdiction, and submit relevant evidence.

3. Attend and participate in litigation activities on time according to the notice of the people's court.

4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal. "

2. What are the counterclaim clauses?

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

Article 232

After the case is accepted, but before the end of the court debate, if the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, which can be tried jointly, the people's court shall try it jointly.

Article 233 The parties to a counterclaim are limited to the parties to this case.

If the counterclaim and the claim in this case are based on the same legal relationship, if there is a causal relationship between the claims, or if the counterclaim and the claim in this case are based on the same fact, the people's court shall try them together.

If the counterclaim is under the exclusive jurisdiction of other people's courts, or has nothing to do with the facts and reasons on which the subject matter of the lawsuit and the claim are based, the counterclaim shall be ruled inadmissible and informed to be prosecuted separately.

3. What are the rules for owners to pay property fees?

People's Republic of China (PRC) Civil Code

Article 944

Obligation of the owner to pay the property fee; 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.

There are strict conditions for filing a counterclaim. Counterclaim and the claims of this lawsuit must have the same legal relationship, and there is a causal relationship between the claims. They can also be tried through the same procedure. Only when these conditions are met can the people's court accept counterclaims.