What should I do if I don't fix the leak upstairs? The property told the owner that the one-year warranty period had passed, and the owner said that it was the responsibility of the property, and they

What should I do if I don't fix the leak upstairs? The property told the owner that the one-year warranty period had passed, and the owner said that it was the responsibility of the property, and they were all passing the buck. What should I do? The case of property fees was decided one by one in the court, which means that the property company won 100%. The reason is not because the property company has the final say, but because the court did not examine the reasons for ignoring the owner as the defendant in the trial.

-This is the actual operation of property management fee litigation.

2. The basis of the property fee is not stipulated by law, but based on the contract between the owner and the property management company. Therefore, as long as the property company should have done but didn't do it, it can be the defense reason for the owner to refuse to pay the property fee. However, please refer to 1 for the actual situation.

-This is a legal issue of property management fees.

In view of the actual operation of the court in property cases, the court has actually become the dunner of the property company, so don't expect to win the lawsuit. This is a batch of dozens or even hundreds of cases, and the courts regard these cases as wallets to improve the settlement rate. You can't expect the judge to pay attention to your case. I'm afraid it will take several years for such a judge to exist.

4, the court has realized that property cases can not be judged like this, because there are many cases in which property companies have problems. Some courts have put forward suggestions to the High Court to adjust the handling of property cases.

suggestion

1, negotiation and mediation in court, preferential payment. (bottom line)

2, drag. After receiving the complaint and summons, a counterclaim should be filed within the time limit (whether the counterclaim is reasonable or not, the court must accept it. If you don't accept it, you must make a ruling. If a ruling is made, you can appeal. After the conclusion of the Intermediate People's Court, you can continue this lawsuit. If the court of first instance neither accepts counterclaims nor allows you to appeal, that's fine. After the case is decided, it is appealed and sent back for retrial. During the trial, he said that he had new evidence to provide and asked for an extension of the time limit for presenting evidence. Try to separate this case from other cases. Don't appeal until you decide. Anyway, the program is enough.

Anyway, it's close to the Intermediate People's Court, and it won't cost much. But lawyers' litigation costs have gone up. The biggest advantage of property cases lies in the large number, which can dilute the cost of lawyers. Therefore, it is best to have a large number of owners who refuse to accept the judgment in this way, and each case is operated separately, so that the litigation cost will go up.

There are good property companies and bad property companies. Property management regulations are not based on the rights of owners at all, let alone protecting the rights of owners. There is no way to refuse to pay the property fee.

My house in Pudong has not paid the property fee for three years. I have been waiting for the property company to sue, but the property company has not sued because the property has swallowed the parking fee. The parking fee in the community should be the owner's income, which will be transferred to the maintenance fund after deducting the management fee. This court in Shanghai has already set a precedent. If you are not satisfied with the property, you can pay attention to the maintenance fund figures. Only those who didn't go in showed that the parking fee was hacked. This can be your bargaining chip.

If you pay it, you will die!

I think so about paying the property fee. See if it makes sense.

From now on, we just don't pay the property fee, so we'll be sued. If you can fight for it in court, it is just right to win the lawsuit. Of course, losing is also expected. The property fee will be paid in the end, but it depends on how to pay it. Remember! This is a key, so that the property company also costs! Even if we pay the property management fee, we should let the property management company pay the cost! Property companies have to pay for lawyers, and lawyers have to pay for going to court every day, even though that's his job. Then from now on, everyone will pay the property fee after the court decides, and calculate how many households there are in Xinhualian. If every household goes to court with the property company, it will not be a toss-up, and the court will be bored to death! I'm not broke, I can't afford to pay the property fee, but I feel bad about this property fee, and I feel wronged! Then I'm embarrassed to ask you to collect money. If you are capable, you can sue me. Don't pay next time, or wait until the court decides.

2, economic disputes in the court trial process is:

1, file a lawsuit. Whoever sues will pay the legal fees, and economic disputes will be paid according to the percentage (20%) of the litigation amount. If you really want to sue the property, you have to pay a large legal fee (the legal fee is determined by the court).

2. Communication, adjustment and court session. . . At least 3 months or more. The result is two: 1, and the property won. 2. Property losses

If the property is lost, he will bear the legal costs himself. I haven't got the money yet.

If the property wins, remember that this time is the key. It is difficult to ask for money when the lawsuit is lost. There is still no way to give money to the property. The property has to go to the court to apply for enforcement. This link will be executed by the executive court of the court. Of course, the executive board of the court has to pay a sum of money (20%) before the court can execute it. Without your passbook account number and bank, the money in the passbook is safe. (Unless the property or the court has your passbook). So what about execution? Things and articles in your home can be discounted. You should cooperate with the court to let them move things, otherwise it will hinder official business.

The property will eventually get your sofa, bed and TV. Anyway, it will be replaced in three years, so it's better to discount it.

The property didn't cost money, but also spent a lot of money on the court or building an office building.

Huang Shiren in today's society is like this. It's a system, not an idea. We were forced, too.

As for the lawyer's letter, hey. When the property receives it, it will definitely call you and say, "Have you received the lawyer's letter? Hand it in quickly, otherwise. . . "

Three years ago, my answer was: "I was going to hand it in. You see, now that the lawyer's letter has been received, I have to wait for the court summons. Hey. . "

I haven't received a subpoena yet.

Three strategies to deal with property litigation

To tell the truth, the possibility of the owner winning the case is slim. This is not to say that the owner's behavior is unfair and immoral, but entirely because under the existing judicial system, the owner can counterclaim the inaction of the property and the lack of the legal subject of infringement-the industry Committee. But even so, the main purpose of suing property owners is not just for a small sum of money, but to pursue a group effect of killing chickens to show monkeys, which makes most owners afraid to protect their rights and interests and pay property fees because they are afraid of property lawsuits. If a family really wants to pay the property fee through litigation, I'm afraid the property will die in less than one year.

The legitimacy and necessity of delaying the payment of property fees are not discussed here. When I met a dog in the street when I was a child, I often had such an experience: you run, the dog chases, and barks at the back; You stop, turn around, bend down to pick up bricks, and the dog flies away. When dealing with such a villain as property, we must face it bravely and not shrink back.

Of course, it must be properly handled to stop evil. I have integrated my legal knowledge and life knowledge over the years and summed up three strategies: down, middle and up, and provide dinner for everyone.

Bottom line:

A classmate said well, in a word, drag.

At the end of the trial, the judgment was delayed, and there was a second trial after the first trial. Don't bother to ponder over any evidence and defense, spend some money to hire a lawyer, not to mention being angry and worried about it. Anyway, I'll go around the court when I'm free and see those shameless things in the property. Even if all the lawsuits are lost in a year or so, it is only a small matter of thousands of oceans, and it is rare to have money to buy a happy one! Is there a late fee for the property? Don't worry, break into houses, there are no windows! Even these thousands of dollars may not be given to him! Another year and a half, come on, for it's not easy for the judges, give a face; I want money, but I don't have it. I want something. There are a batch of newly baked old color TV sets and tape recorders. The invoices of that year are all here. How much can I afford? Don't want property? It's all done by the executive judge. It's up to you.

Zhongce:

It's also a word, coax.

Isn't the property shameful? Then let's help them coax and catch up. Don't just love to build a community in the garden. The owners of Luoshan Garden and Jinqiao New Town are United. Anyway, online communication is so developed. In addition to the students being sued, other students can also jointly write something, and write all the "glorious behaviors" of the property to him as supplementary evidence for the judge to see, and also let them open their eyes and see the community surrounded by the words "Cloud ……"; The judge refused to accept? It doesn't matter. It is broadcast in the news media. It's not easy for tabloid reporters to live in 1 these days, just wait for this to settle the hush money! Maybe some NPC representatives have been recruited and then talk about the lack of laws. That's it, class. Can this property be hidden? This face can't be exposed? !

Best strategy:

Do I have to tell you? If there is a owners' committee, will we still be bullied by this? ! To put it bluntly, even today, the owners are not United, and they are still making small plans. In this way, the interests of the owners will not be damaged, and that is God's eyes! To tell the truth, I have my own industry, real estate speculation, and I haven't met once. Aijian Garden was originally bought to live comfortably by itself. As for whether it will depreciate or appreciate because of the performance of the property, it is only some figures for me and has no practical significance. Property annoys me, no; The property sued me, and I promise to play better than anyone. Others can bear it, and I can bear it more. Let's wait and see.

Suggestions on how to deal with enforcement

& gt

& gt As for the "detention" that everyone is worried about, there is no need to be afraid. Although you often see forced arrests in the media.

There is even a saying that the media is bluffing and scaring people, and it does not rule out that the media hype has the nature of interest-driven.

To scare everyone. In judicial practice, courts rarely use this method, very rarely, unless you directly deal with judges' law.

The police clashed verbally until they had a physical conflict. Listen to the arrest procedure and everyone will understand. The executive judge must first sort out the materials.

Materials, write a report on how we flout the law, oppose enforcement, and behave badly, and report it to the president for approval and go to court.

Long after approval, and then reported to the competent dean for approval. After all the approvals are passed, a detention decision will be made. Then the bailiff team, mainly the captain.

Coordinate, see when the comrades of the judicial police team have time, and then see if they have time. Don't race against the court.

Suddenly. Finally, when it's all over, I'll go to your house. When I get to your house, I won't arrest people immediately or preach policies.

I'm telling you, you must carry out the sentence. If you don't do this, we can take a detention decision and detain you. you

What should we do? Of course you have to do it. Of course you have to respect the law. The comrades in the court have worked hard all the way, haven't they?

I can let you come for nothing, but I don't have that much money. My old father just spent a lot of money in the hospital. Can you give me one first?

Part of it, I will raise money slowly in the future, or ask my neighbors to give me a guarantee, and I promise how long I will pay.

These are all allowed by law, and so on, as long as the executive judge agrees, discuss and coax away and come back next time.

It's not necessarily the year. In a word, the executive judge didn't arrest people immediately when he got home. It's not that bad. He will definitely sue.

Sue you, please cooperate, or I'll arrest you. If the talkative master can find a way to delay, if

You don't want to get involved with people in uniform, just give them away and you will never be detained. Those who were arrested on the spot.

Those who stay will definitely have a fierce confrontation with the judge and bailiff. In this case, there is no need to make a detention decision.

Can be directly detained for obstructing the execution of official duties.

& gt

& gt this paragraph was originally the last paragraph, but it was too long after it was written, so the detention issue that everyone cares about was put in the first place.

For paragraphs.

& gt

& gt I believe there are many legal workers in my family, many of whom have acted as agents to execute cases, and they take enforcement measures in the process of execution.

There will be no shortage of means, but certainly not many people really go to the step of "arresting people" because the court itself takes this measure.

Give carefully, very little. I just executed a case of detaining the legal representative of the other party last week, including

Some fresh experiences for ZZ reference.

& gt

& gt We must first understand a premise, which is our advantage, that is, the word "wide" of the majority of owners is in reality.

The significance is that there are many people, and the property, especially the court, can't manage it at all. Everyone must give full play to this advantage, every

Every owner "drags" a little, and the property and the court can't stand it at all. This "drag" does not mean illegal drag.

But within your rights under the law. For example, a case from prosecution, acceptance, notification, pre-trial replacement.

According to, cross-examination, trial, (second instance), collegial panel, sentencing to appeal, the above process goes through again and enters the implementation stage.

Paragraph, apply for execution, accept, arrange time for execution, ask the bailiff, once the execution is not good, try again, not yet, come again.

Come once, even during the execution, you raise an execution objection and ask for an execution hearing, or I can't make it at the moment.

How much money does Yao want? I'll scrape together twice, and the consul will have to run twice. Otherwise, I'll write a letter of guarantee to your honor.

/kloc-pay it off within 0/2 months, or let my neighbors give me a guarantee, and I will pay it off within 12 months or 6 months, and so on.

Think about it, the above processes are gone, and the property and the court are very tired. This is just for you, if there is one.

In this way, all the defendant owners exhausted the litigation rights entrusted to us by law and dragged the property to death. A protracted war, I

What are children afraid of? In the worst case, we finally paid the property fee, which made the property toss enough.

& gt

& gt Not much to say about the suggestions in the litigation stage. There are many ingenious methods for home networking. I just want to say one thing, such as

If the notice of responding to the lawsuit reaches you, there will definitely be a court session, and the sued owner must respond to the lawsuit. Of course, before that, you

You can also find ways to keep yourself from seeing the court summons. Be sure to give our ideas a good reason in court.

Say as much as you can, although the judge didn't like it or want to hear it. In the end, we lost the case, but everything changed.

For example, it takes a process from losing to winning, and it is a process from quantitative change to qualitative change. Every one of us is like

Without accumulating this amount, the process of qualitative change will only take longer. Just now, Du Kebao Liang was fined more than 10 thousand for violating the rules, which

He had to pay the money, but he couldn't win the lawsuit, but he couldn't get it back. The Traffic Management Bureau has started to send you a notice of violation.

Do you know that?/You know what? We are not unruly people. There must be a reason for not paying the property fee. Property is responsible. Isn't this the judge?

Do you know that?/You know what? Of course he knows that judges also buy houses, and the houses they buy are all good. Of course, he knows who caused this contradiction.

Yes, who has the bigger problem, in other words, who should be punished first. Everyone tries his best to fight, and victory will surely come.

Here you are.

& gt

& gt lost the lawsuit, and the court decision came into effect. It's time to implement it. How to face it? Ignore him. Just stall. Tell me about the work of the court.

Do the process workload, and you will understand that procrastination is the most convenient and best way to use it. To be fair, brush off the ashes of individual judges.

Judges' salaries are not high, especially after the civil service salary reform, which is generally two or three thousand yuan.

But their workload far exceeds those who earn two or three thousand dollars. In a word, their workload

Very big, often working overtime, they are very busy. How can such a busy person have time to come to us again and again? Only you

If you want to coax him away with respect and goodwill, you may not come next time, and it may take several months to come.

We'll talk about it later.

& gt

& gt Property NB has a background, and he is also the person who specifically did this. At that time, he was faced with hundreds.

When he was the owner, he had little time and energy. He had to go to great pains to unblock the connection between the courts at one level and another, and appealed.

The judges in charge of litigation and execution are not the same person, and their leaders are different. Even if all the links are open.

Finally, the final work should be carried out by a judge, whose time and energy are limited. As mentioned earlier,

The judge is busy. And the property has cleared the court link, not to say that it has been cleared this time, and it will be used casually in the future, no

Then do ideological work. For example, it's not that you refuel today, and the car will drive casually every day from now on, so you don't have to.

Come on, as long as you want the car to start, you have to come on. Go to the quiet park and refuel once. Go next time.

You have to refuel next time. I'll go to whoever cheers me up. This oil is much more expensive than 93 # gasoline. Think about it, if.

You're a judge. You're traveling, and there's such a traffic jam in Beijing. Are you willing to carry out a case with a target of 50 million?

It's a property fee case of 5,000 yuan. How much oil should be added in a case of 50 million yuan, and how much oil can be added in a case of 5,000 yuan.

The case of 50 million yuan is well executed, and it is even more embarrassing to write a work summary at the end of the year. If the case of 5,000 yuan bullies ordinary people, you can.

How much face, how much work performance can be counted.

& gt

& gt It's a pity that in the process of ignoring him and dragging him, the executive judge and bailiff came to your house in spite of their busy schedules.

What should I do if the system is implemented? Don't be afraid. State-owned units, state-owned organs are most afraid of arousing public anger, and they have made the XX incident, which

It will affect his promotion, political achievements and even his work. Now, the central and local governments are building a harmonious society. So only

If you don't use force, it is not easy for the executive judge to use force. You can't resist the bailiff. The legal representative I met once opened it.

Porsche goes to court, and Audi A8L goes to court once. The license plates all start with Beijing A85, and the executives read out the detention order.

After ordering the book, the bailiff was not at all polite. One hand was lifted from the chair, and another bailiff handcuffed the other hand.

In fact, he is also a chairman with high social status. Therefore, don't try to be brave, respect the court, respect the executors and respect the law.

P, gently, but just don't give money (because we shouldn't have given it in the first place, we are wronged), and use up a legal permit.

Try to drag it down. What if I can't let it go? Then give me some, say 30%, as a sign of sincerity.

Judge's face, let him go back how much can make a difference, absolutely not all, it is hard to say when the next executive judge will come.

Well, there's nothing the property can do.

& gt

& gt Although ZZ always loses the case, although the judge always treats ZZ with an expression, it does not mean that the court is property.

This is a family business. Judges can do whatever they want. It takes a lot of effort to ask the judge to execute the property once.

Judges don't come out again and again for property. In fact, the judge was also annoyed with the property and filed a lawsuit against it.

So many owners, all belong to the judge, that is the workload. Facing another old man scattered in society.

Last name, it is not easy to implement, and it is not easy to close the case. Failure to close the case will affect work performance. The court evaluates judges by the settlement rate.

It is also particularly difficult to execute the judge's request for bailiffs to come out. As we all know, judges will be affected if they undertake property cases.

The courtesy of going to the property and going out to perform can also be regarded as completing your own settlement rate. What did the bailiff do to you? number

Power, so the bailiff is not easy to get out in civil disputes, and the executive judge needs to coordinate the relationship with the bailiff.

Of course, wool comes from sheep.

& gt

& gt give another example. Once, we invited a judge from Changchun to go to Shenyang for execution. He went out for more than 5W at a time, but he still couldn't do it.

Up to now, the second execution has not yet started. You know how hard it is for a judge to come out and execute it once.

& gt

& gt So, if, unfortunately, you are sued and executed, it doesn't matter, as long as you talk, you just won't give it.

Money is no problem. If it can't be delayed, just give it a little. Anyway, the purpose of procrastination has been achieved. But next year, I'm sorry, I will still

No, as long as your property is not changed for a day, my property fee will not be paid happily. If you want to sue, yes.

You can do it if you want to. If you can afford it, ZZ can afford it. It's silly to drag on. These young men came to me.

Our' housekeeper', with the money we gave, wanted to pay, but the master wouldn't let him reimburse him. You put our master's

Don't tell the shopkeeper where the money went, will the shopkeeper dare to give it to you again? Don't confuse service with service.

The relationship between rationality and being managed. In fact, in the final analysis, procrastination is not our goal, and we don't want them to be busy in vain.

We don't give any money for our service. All we want is the expenditure that matches the service level. All we want is

However, according to national laws, owners and property owners should bear their respective obligations and enjoy their respective rights. In a word, the public

Ping. But the most direct and effective means we have is the money that the property has always wanted, which has not been fully utilized.

Point.

& gt

& gt As for the unified action of the executive court of Chaoyang Court, there are obviously two colors. First, it's the end of 10, and it's almost the end of the year.

Well, they are under pressure to close the case, so they have to make a surprise attack. On the other hand, there are leaders in politics.

Traces of performance engineering. Therefore, this is a temporary action, not a long-term and regular one. Catch up with this dial,

Just cooperate with the work of the court. After all, the verdict has come into effect. But if you don't pay it next time, the property can be repeated again and again.

Please come to court next time. Anyway, we can go with you. Big deal, give some money. Not to mention those who missed it.

& gt

& gt So, don't worry, let alone be afraid, just talk about some struggle strategies. This is what I said when I was facing comrades.

Attitude. The attitude towards the property is impolite, and resolutely fight to the end. Worried and scared, I won the property.

It's trapped.

& gt

& gt Last but not least, if you are really detained, seven days is 15 days, and you did stay in those days.

Then you really don't have to pay the property fee. Anyway, you're under arrest. This is the last resort of enforcement. It is time.

The court will let people go. It is estimated that the property will never come to your house to collect money again.