Job Recruitment Website - Property management company - What is the impact of receiving a letter from a lawyer who is in arrears with property fees?
What is the impact of receiving a letter from a lawyer who is in arrears with property fees?
1, don't want to go to court, after receiving the lawyer's letter, discuss with the other party how to solve it;
You can refuse to sign the lawyer's letter or even talk to the opposing lawyer. If you do, the next letter you receive will be a court summons. The lawyer's letter itself will not have legal consequences, just a warning. A lawyer's letter is generally regarded as a threat of litigation. It may be that the parties put pressure on the other party to gain the advantage of negotiation, forcing the other party to take the initiative to make peace, or it may be that the parties lose confidence in resolving the conflict and issue a lawsuit warning.
Legal basis: Article 126 of the Civil Procedure Law of People's Republic of China (PRC).
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
Article 127
The people's court shall handle the following prosecutions according to different situations:
(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case in which a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit;
(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.
How to sue if the property management fee is not paid?
1. The litigation subject of defaulting on property fees is the property management company, and the property management company writes a complaint of the owner's defaulting on property fees and submits it to the people's court for the record;
2, in addition to the complaint, should also prepare the property fee contract and other related materials, together with the people's court;
3. The people's court shall examine the complaint and related materials submitted by the property management company. Those who meet the conditions for filing a case shall make a sense of filing a case within 7 days, and send a notice to the property owner and the owner who is in arrears with the property fee.
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