Is the property suing the owner a counterclaim or a counterclaim?

In the property service dispute, the owner can counterclaim the property company, which is the owner's right. In other words, if the owner thinks that the complaint of the property management company is unreasonable and fails to provide reasonable services as agreed, the owner can collect evidence and file a lawsuit to counterclaim.

1. Can't the property dispute be counterclaimed?

In a property dispute, the owner can collect evidence and file a counterclaim against the property company.

According to Article 5 1 of the Civil Procedure Law of People's Republic of China (PRC), the plaintiff may abandon or change the claim. The defendant may admit or refute the claim and has the right to file a counterclaim.

Article 232 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC).

After the case is accepted, but before the end of the court debate, if the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, which can be tried jointly, the people's court shall try it jointly.

Article 2 13 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the defendant in a private prosecution case may file a counterclaim against the private prosecutor during the proceedings. Counterclaim is subject to the provisions of private prosecution.

(1) A counterclaim can only be brought by the defendant to the plaintiff, but not to anyone other than the plaintiff.

(2) A counterclaim can only be brought to the court that accepts this complaint.

(3) Counterclaim and this lawsuit must apply the same procedure.

(4) Counterclaim cannot be the exclusive jurisdiction of other courts.

(5) The counterclaim must be related to this claim in fact or law.

Second, the counterclaim procedure

Procedural requirements refer to the way, time and trial conditions of counterclaim in the course of litigation.

1, counterclaim mode.

Counterclaim is unique to civil litigation. Is counterclaim allowed in criminal incidental civil action or administrative incidental civil action? Whether it is a criminal incidental civil action or an administrative incidental civil action, it is a civil action after all, and the original and the defendant have equal status, so counterclaims should be allowed.

2. Jurisdiction of counterclaim.

Should the court hearing the complaint also have jurisdiction over the counterclaim? That is, when a counterclaim is filed separately, can the court accept it if it has no jurisdiction? Can counterclaim be established? As far as territorial jurisdiction is concerned, as long as the object of counterclaim does not fall within the exclusive jurisdiction of other courts as stipulated by law (because exclusive jurisdiction mostly involves the interests of the public), the court hearing this case can accept it and the counterclaim is established. This point has been strongly proved in foreign-related civil litigation. The subject who enjoys immunity from civil jurisdiction takes the initiative to bring a lawsuit to the court of the host country. When the defendant counterclaims, the subject enjoying immunity from jurisdiction no longer enjoys immunity from jurisdiction, and the court hearing this case has the right to accept counterclaims. As far as hierarchical jurisdiction is concerned, if the claim as counterclaim should be tried by a higher court or the claim as counterclaim should be tried by a lower court, both counterclaim and this lawsuit can be tried by the court hearing this lawsuit, that is, counterclaim can only be filed with the same people's court hearing this lawsuit. This should be clearly stipulated in the legislation.

3. The specific time of counterclaim.

China's civil procedure law does not specify at which stage to file a counterclaim. In judicial practice, it is best to put forward the general tendency in the course of defense, at the latest after the trial debate in the court of first instance. Because when the counterclaim is filed, the trial debate has not yet ended, and the plaintiff still has a chance to refute it, he can apply for an adjournment. Otherwise, if a counterclaim is filed after the trial debate, it will inevitably lead to new litigation procedures, and it will also cause some duplication of work and delay the trial of this lawsuit. But can't you file a counterclaim after the trial debate? Nor can it be generalized. Because after the prosecution and the defense, especially after the court debate, there are many cases in which witnesses are willing to testify or correct perjury, and the parties cite the evidence collected through their last efforts. This situation is quite common in practice. In particular, some civil cases involving large amounts of subject matter and economic disputes in different places should be allowed to file counterclaims after the trial debate. Otherwise, the defendant is not allowed to file a counterclaim, or if a counterclaim is filed, it will be ignored. On the face of it, it will buy time and make the lawsuit settle in time. On the contrary, because the thorny procedure of this kind of dispute is execution, if the counterclaim put forward by the defendant is established after the trial debate and the counterclaim and the request of this lawsuit can be offset each other after the substantive trial, the execution problem will be solved. If the defendant is not allowed to file a counterclaim after the trial, but is allowed to file another lawsuit, there will be a time lag between the closing of this complaint and the counterclaim, which is likely to consume time and energy, and the result is sometimes difficult to predict. Therefore, in this case, we should be flexible and allow the defendant to counterclaim after the trial debate and before the judgment is made.

Therefore, in property service disputes, owners can counterclaim against property dispute litigation, collect relevant evidence and safeguard their own rights and interests. In counterclaim, the owner needs to write the contents and information of counterclaim, and state the factual reasons and evidence sources of counterclaim request.