How to respond to the lawsuit of defaulting on property fees?

What should I do if I am sued for owing property fees?

What should I do if I am sued for owing property fees? In fact, for legal issues, because there are many aspects involved, many of us are not clear about the differences between the following similar laws and regulations. What should I do if everyone knows that I am sued for owing property fees?

What should I do if I am sued for defaulting on property fees? 1 The handling method of being sued for defaulting on property fees is as follows:

1. Reach a settlement with the property management company by paying the property management fee, and let the property management company withdraw the lawsuit;

2. Property fees can be paid through mediation in the pre-trial mediation stage;

3. Those who are sued for defaulting on property fees shall pay the property fees in time, and those who refuse to pay the property fees with justifiable reasons shall actively respond to the lawsuit. Let the court decide, and then follow the court's decision.

1. The composition of property fees includes:

1, salary of management service personnel, social insurance and welfare expenses drawn according to regulations, etc. ;

2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;

3, property management area cleaning costs;

4, the property management area greening maintenance costs;

5, property management regional order maintenance costs;

6. Office expenses;

7. Depreciation of fixed assets of property management enterprises;

8. Part of the property, facilities, equipment and public liability insurance fees;

9. Other expenses agreed by the owner.

Second, the prosecution procedure is:

1, write a complaint, take a copy of the note, a copy of the ID card, and a photo of 1 inch, and file a case in the local court;

2. Serve a court summons on the defendant;

3. Open a court session and state the facts and reasons in court;

4. After the trial, the court issued a judgment and both parties signed it;

5. If there is no appeal within 5 days after receipt, the judgment will take effect;

6. The judgment will stipulate that the defendant will pay off the arrears within a few days after it takes effect. If the defendant does not pay the money by then, he can apply to the court for enforcement until he gets the money he deserves. To sum up, if you are sued for defaulting on property fees, you can make up the arrears of property fees after consultation with the property company, and the other party will generally withdraw the lawsuit. 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.

What should I do if I am sued for defaulting on property fees? 1. What should I do if I am sued for defaulting on property fees?

Those who are sued for defaulting on property fees shall pay the property fees in time, and those who refuse to pay the property fees with justifiable reasons shall actively respond to the lawsuit.

People's Republic of China (PRC) Civil Code

Article 944 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.

Second, how to write the defense of the property fee dispute?

1, header.

The following contents should be stated in the title:

(1) title.

(2) the basic situation of the respondents. The party column directly lists the basic information of the respondent. If the defendant is a citizen, the name, sex, age, nationality, native place, occupation and address of the respondent shall be listed. If there is an agent, write the agent next to the other line, and indicate whether it is the legal agent, the designated agent or the entrusted agent, and indicate the name, gender, age, nationality, place of origin, occupation and address.

If it is a legal agent, it is also necessary to explain the relationship with the respondent. If an agent is entrusted, the name and position of the agent only need to be stated. If the defendant is an enterprise, institution or organization (legal person), the full name and location of the respondent and its unit shall be listed first. Write the legal representative of the unit and his name and position on another line. On a new line, list the entrusted agent, his name and position. The situation of the other party does not need to be listed separately. You can explain who the prosecutor and appellant are in the following defense reasons, and what is the cause of prosecution or appeal.

(3) state the reasons for defense. The defense of the first instance case and the defense of the appeal case are written in different ways.

2. Reasons for reply.

The cause of defense is the main part of the cause of defense, and there is no uniform writing. You must defend the facts and reasons put forward by the plaintiff in the complaint or the appeal request and reasons put forward by the appellant in the appeal. You can put forward the opposite facts, evidence and reasons to prove that your reasons and opinions are correct and your demands are reasonable.

3. The following contents should be explained in the tail and appendix:

(1) Submit permission. Written as "Hereby" and "People's Court".

(2) Write it on the lower right. Respondent-(signature or seal) and date.

(3) Appendix. Indicate the names and quantities of exhibits and documentary evidence.

Arrears of property fees shall not be investigated for criminal responsibility. In judicial practice, owners cannot refuse to pay property fees on the grounds that they don't need to accept property services or don't live in a house. After being sued by the property company, if the evidence is sufficient, the court will generally support the appeal of the property company.

What should I do if I am sued for defaulting on property fees? 3. How should I respond to the property fee?

If you are sued for owing property fees, you must first pay the property fees immediately. It will be more troublesome if you want to respond to the lawsuit, because the owners of minor problems may have to go to court with the property all the time, which may cost more and is not necessary. You can complain to the competent department if you have any questions. Property fee is the most basic obligation that the owner needs to perform in the property service contract. Failure to pay property fees is a serious breach of contract, and it is necessary to bear the liability for breach of contract, and compensate for the losses caused.

Is there a late fee for defaulting on property fees?

There is a late fee for defaulting on property fees. If there is a penalty clause in the contract, it shall be implemented according to the contract, and it is generally agreed that it is three thousandths. If there is no agreement in the contract, the property management unit may require payment according to the bank loan interest for the same period.

Article 40 of the Regulations on Property Management stipulates that property service charges should follow the principles of reasonableness, openness, and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Article 41 stipulates that the owner shall pay the realty service fee in accordance with the stipulations of the realty service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

How long will the property fee be sued for default?

The law does not clearly stipulate whether the property fee is paid monthly or annually, but it is generally believed that it is paid monthly. For example, the property fee in March should be paid before the end of March. If not, the property company has fulfilled the dunning procedure, that is, notifying the owner to pay the property fee. If the owner still does not pay the property fee, he can sue. However, in order to maintain a good relationship with the owners, the general property will not sue after a few months and will be informed in time. If the owner says he wants to pay, the property company will not sue.

In real life, there are a lot of property disputes, either the owner has not paid the property fee after taking over the house, or the property company only sued after leaving, that is, changed the property company.

Article 35 of the Property Management Regulations stipulates that property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Paying property fees on time is the contractual obligation that the owner should fulfill. Property management refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise repair, maintain and manage the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas. Paying property fees on time is determined by the owner's differentiated ownership of buildings stipulated in the Property Law. The differentiated ownership of the owner's building includes not only the ownership of the exclusive part, but also the right to own and manage the parts other than the exclusive part.

Legal Basis: Interpretation of People's Republic of China (PRC) on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes Article 6 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, 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.