How to file a counterclaim with the owner

The owner may file a counterclaim before the expiration of the time limit for proof. But the owner still has to collect relevant evidence.

According to the inquiry of Fatu. com, if 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.

Article 51 of the Civil Procedure Law of People's Republic of China (PRC) * * * The plaintiff may give up or change the claim. The defendant may admit or refute the claim and has the right to file a counterclaim. Article 59 To entrust another person 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. Article 140 If the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, they may be tried together.