How to sue the property owner for counterclaim in court

It is wrong to refuse to pay the property fee for any reason. If the owner is not satisfied with the management or service of the property company, he can complain to the property management office where the community is located, and the relevant departments will investigate the complained property company. Property companies can collect property fees through legal means or other means. Therefore, if the owner does not pay the fee, the property company can sue the owner according to the property service contract.

First, how to counterclaim the arrears sued by the property?

Because the property is sued for failing to pay the property fee, the owner can counterclaim before the time limit for proof expires. However, the owner should collect relevant evidence, such as evidence that the property management company has not fulfilled the property management contract.

To apply for counterclaim, the first thing to do is to write a counterclaim, which should include the counterclaim and the defendant's situation, counterclaim request, facts and reasons, legal basis and related matters that need to be explained.

In the evidence part, counterclaim can apply for evidence preservation, that is, in the case that the evidence may be lost or difficult to obtain later, it can apply for evidence preservation. When applying, it shall state what evidence needs to be preserved, the types of evidence, who holds the evidence and the specific reasons.

Legal basis: Article 5 1 of the Civil Procedure Law.

The plaintiff may waive or change the claim. The defendant may admit or refute the claim and has the right to file a counterclaim.

Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.

The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.

Second, what are the consequences of being sued for not paying property fees?

Property management fee is the fee charged by the property management company in residential quarters when managing the property. Property management fees are generally paid after buying a house. If the property management fee is in arrears, the property will sue the owners who have not paid the fee.

The property sued the owner who didn't pay the fee, and the result of the prosecution was to pay the property fee. According to the "Regulations on Property Management", the owner shall pay the property service fee according to the agreement in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case.

In short, we can understand that if the property management fee is in arrears, the property will sue the owners who have not paid the fee. Property sued the owners who didn't pay the fee, and the result of the prosecution was to pay the property fee.