What should I do if I am sued for not paying the property fee and get a subpoena?

1. After receiving the summons and notice of responding to the lawsuit from the court, you should attend the trial according to the time and address, otherwise it will be regarded as a waiver of rights, and the court will still make a judgment by default;

2. If the property management company has faults and shortcomings in the process of providing property services, it can use the time of giving evidence to actively collect evidence for defense;

3. In addition, the property company's claim should belong to the creditor's right, and it can be queried whether it exceeds the limitation of action.

The owner shall pay the property fee in accordance with the stipulations of the property service contract. If the arrears of property fees refuse to be paid, the property service company may bring a lawsuit to the court for payment. After being sued, the owner should go to the property in time to settle the property fee and pay the liquidated damages according to the contract. Otherwise, after the property wins the case, you can apply to the court for enforcement.

Second, the expenses of residential property fees include the salaries, welfare and clothing of security guards, cleaning, maintenance and management personnel, as well as the daily management expenses of some office staff. Hygiene and cleaning, this part is not only the hygiene of stairwells, but also the hygiene of public garden roads in residential areas. The maintenance of greening is mainly the pruning and replanting of greening, and insect repellent is sprayed at ordinary times. Daily maintenance of safety facilities. Security facilities also mainly refer to community monitoring, which must be maintained daily to ensure the safety of owners. However, many attributes will never be maintained. Daily maintenance of elevator. The elevator needs professional regular inspection by the maintenance company, and the certificate is affixed. The maintenance company is responsible for eliminating some daily problems, and this part of the cost is the property fee.

3. What should I do if I receive a court summons?

1. When the court serves you with a summons, if there is no special reason, you'd better sign for it, because the subsequent proceedings will go on as usual whether you sign for it or not. If you don't sign the subpoena, the subsequent lawsuit will be against you. In short, actively respond to the lawsuit and avoid passive response.

2. After signing the summons, be sure to go to the court that issued the summons in person and get to know the case at the first time. Because you are a party, you have the right to check the other party's complaint against you and the relevant evidence materials submitted. This is very important, because if you want to answer or even counterclaim, you must refute the evidence of the other side.

3. Ask the court for the relevant legal documents and materials you participated in the litigation: notice of rights and obligations, notice of responding to the lawsuit, notice of proof, etc.

4. After understanding the basic situation, it is best to consult a civil litigation lawyer and ask the lawyer to analyze whether the other party's evidence can prove his claim or whether the other party has the possibility of winning the case.

5, according to the lawyer's analysis and the specific circumstances of the case, consider whether to counterclaim, whether to apply for court investigation and evidence collection.

6. Collect and submit favorable evidence materials within the time limit for adducing evidence, and apply for calling witnesses. If you want to send counterclaims and materials to the court, it is suggested that you must use the safest EMS courier, and you must leave the courier's delivery certificate as auxiliary evidence for future litigation. Whenever we receive a summons from the court, whether actively or passively, we should actively participate in the trial, because we ignore it and do not appear in court. Law enforcement agencies will think that we acquiesce in this crime and will include it in our personal credit information, which will have a great impact on our later period. If it is inconvenient for us to appear in court, we can entrust a lawyer to appear in court on our behalf.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 146 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.

Article 147 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 148 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.

The people's court has ruled that the withdrawal of the lawsuit is not allowed, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned, the judgment may be made by default.