The process of the court suing the property company

Legal analysis: directly sue, collect evidence, draft a complaint and submit it to the court where the property company is registered.

Prepare prosecution information

1, power of attorney

The trustee generally chooses the head of the reconciliation team and the director of the community management office. Smaller enterprises can also choose enterprise managers and directors of community management offices. The client should be familiar with the relevant laws and regulations of property management and the residential property service contract, have strong language skills, and also master the defense countermeasures of the owners' arrears.

2. Draft a complaint

Draft a lawsuit according to the property service contract of the company in the community. If there is a preliminary realty service contract and a realty service contract signed with the owners' committee, a complaint shall be drafted according to the terms of the contract; If there is no property service contract, you can find a certificate issued by the street office or the neighborhood Committee, plus a fee permit issued by the price bureau to the community, which can prove the factual contractual relationship.

3. List of evidence

(1) the company's business license and qualification certificate, which prove that the company has the legal right to operate.

(2) The property service contract, the charging license and the certificate issued by the neighborhood office or neighborhood committee prove that the company has legal property service rights and charging standards in the community.

(3) Government Decree No.28, Notice on Standardizing the Allocation of Public Facilities in Residential Areas of Our City, Notice on Collecting Garbage Disposal Fees and other relevant documents prove the legality of various charges for property services, including late fees.

(4) Real estate right registration form, enterprise registration information form and shops, which prove that the defendant is the owner or user of real estate.

(5) Other documents with evidential function.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 109 A lawsuit shall be brought to a people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 110 A complaint shall contain the following items:

(a) the name, sex, age, nationality, occupation, work unit and domicile of the party concerned, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person;

(2) the request and the facts and reasons on which it is based;

(3) Evidence and its sources, names and residences of witnesses.