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After the summons is issued, can the owner withdraw the lawsuit after paying the property fee?
Legal analysis
How to deal with court summons in case of property disputes: Respond actively and handle it differently according to different situations. If you receive a court summons, it should be because you owe property fees, and the property service company has sued the court. If there are justified reasons for not paying the property fee, the reasons for refusing to pay the property fee shall be put forward, and the corresponding evidence shall be submitted to the court within the time limit prescribed by the court. If there is no legal reason not to pay the property fee, it is recommended to pay it to the property service company in time, and the property service company will drop the lawsuit. The property fee is an account to be given to the property company when each community is named, so that the property company can carry out daily expenses. In addition to the owner's personal factors, the default of property fees may also be caused by the inaction of the property company. In recent years, disputes over property service contracts have grown rapidly, with the characteristics of mass sending, high refund and high litigation cost. Disputes over property service contracts are mostly caused by property companies' centralized litigation against owners who are in arrears with property service fees in residential areas, so as to deal with disputes in time, straighten out relations and establish good property management relations and rights and obligations.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Article 145 Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether to grant it or not shall be decided by the people's court. If the people's court decides that the withdrawal of the lawsuit is not allowed, the plaintiff may make a judgment by default if he refuses to appear in court after being summoned by summons without justifiable reasons.
Article 15 of the Measures for Payment of Litigation Fees: If the case is settled through mediation or the parties apply for withdrawal of the lawsuit, the case acceptance fee shall be paid by half.
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