Job Recruitment Website - Property management company - Because the property fee was not paid, the court issued a payment order, and then filed a written objection to the court, hoping to ask someone to help write it down.
Because the property fee was not paid, the court issued a payment order, and then filed a written objection to the court, hoping to ask someone to help write it down.
The objection to the payment order includes three parts.
1. Title.
(1) indicates the name of the file.
(2) Basic information of the dissident: The dissident is a citizen, and the basic items of his identity should be stated; If the dissident is a legal person or other organization, the full name and address, and the name and position of the legal representative shall be stated. If there is an entrusted agent, the name and the name of the law firm shall be stated.
2. Text.
Explain the debtor's objection request, facts and reasons.
(1) Request: explicitly refuse the payment obligation required by the payment order, and request the court to terminate the supervision procedure.
(2) Facts and reasons: This part focuses on the factual basis of the debtor's objection to the obligations stipulated in the payment order: when describing, you can first describe the specific situation of the creditor-debtor relationship involved in the payment order, and then state the reasons for its non-performance. According to the facts and reasons, and in accordance with the relevant provisions of the law, object to the payment order.
3. Tail.
(1) Send the name of the people's court.
(2) Signature of the dissenter. If the applicant is a legal person or other organization, it shall also be stamped with the official seal and signed by the legal representative.
(3) Date of application.
Annex: If there is evidence to support the debtor's objection, relevant evidential materials may be attached.
fold
Writing requirements
1. Narrative facts should focus on the objective reasons and reasons for not paying off the loan on time. The reason must be reasonable and convincing, but it must not be unreasonable. There is no legal reason. Although the payment order may be invalid after raising an objection, once the creditor files a lawsuit, it still cannot stand the court's review.
2. Pay attention to the time limit for objecting to the payment order, that is, the debtor shall file a written objection to the court within 15 days from the date of receiving the payment order. If the case is overdue, whether to file a case does not affect the validity of the payment order. When the case enters the execution procedure, the creditor may apply to the people's court for execution.
3. The applicable law should be accurate. Finally, the written objection to the payment order should be based on the General Principles of the Civil Law and the relevant substantive laws of the Contract Law before the second paragraph of Article 19 1 is accurately quoted.
Example of folding and editing this paragraph
Objection to payment order: XX printing house in XX county. Address: Chengguan Town, Xx County. Legal Representative: Chen XX, director. Tel: XXXXXX. Our factory thinks that the D/P of (2002) date of ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The people's court issued the ×× year × month × day × month × day × month × day × month × month × day × month × month × day × month × month × month × day × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month × month Xx ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Payment after acceptance of the goods (see contract). However, after the goods arrived at our factory, it was found that the quality of this batch of paper did not meet the provincial standards (see the appraisal of XX Paper Research Institute). Our factory immediately offered a refund, and the salesman who came with the car of XX Paper Factory claimed that he could not make a decision, and we would talk about it after reporting to the director. After the salesman of XX paper mill returned to the factory, there was no reply. This batch of paper has been kept in the warehouse of our factory at present. On June 65438+ 10/0, 2002, XX Paper Mill suddenly sent someone to make a payment. We told him that there was something wrong with the quality of this batch of paper and we couldn't pay. In the same year, 65438+1October 65438+March 3, the factory sent a deputy director to claim that the paper had been accepted by our factory. It's been nearly 1 year, you can't do it without paying it, and so on. That's ridiculous. To sum up, it has always been controversial that the paper mill violated the contract and delivered substandard goods. Not only does our factory not owe money to the paper mill, on the contrary, the inferior products of the paper mill are stored in our warehouse, and we are required to pay the storage expenses. The payment made by the people's court is unacceptable to our factory. according to
Comment and analysis
In the event of a dispute between the creditor and the debtor over the sum, the creditor ×× Paper Mill applied to the people's court for a payment order. After the payment order was issued, the debtor ×× County Printing Factory raised an objection. The objection holds that the reason for refusing to pay is the quality of the goods, thus denying the payment order. The objection facts are clearly stated, the focus of the dispute is clear, and the reasons for not accepting the payment order are also discussed in detail, which is convincing to some extent. From the legal point of view, there are two other points worthy of consideration: ① At that time, the part of the goods that were found to be unqualified after arriving at the factory and returned to the salesman should be confirmed in writing. If the return notice is sent to the other party, the other party will sign the notice, which will show that the opponent claims rights. If the lawsuit goes to court and no proof can be produced, it will be difficult to identify it. (2) The original quality objection should be raised within the statutory time limit, and there is evidence to prove that it can be regarded as valid. That is, it should be put forward within 15 days from the date of arrival of the goods, otherwise it will be difficult for the court to support it.
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