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What should I do if I can't receive the property fee?
What is the reason why I feel that I can't receive the property fee in recent years?
A:
I have done real estate, so I will tell you what I know, which is also a complaint about real estate.
Most of the reasons for not paying the property fee are that the owners think that the property is inaction, or blame the wrong behavior on the property (for example, individual owners illegally build and expand private gardens, etc.). There are also some individual business owners who think that the property is not done well. In short, they can jump up for n reasons.
Property management companies are service enterprises. It is not a state organ, nor is it a department authorized by a state organ with corresponding law enforcement power. In other words, the legitimate rights and interests of property companies and citizens are equal. The illegal buildings and properties of individual industrial and commercial households only have the right to suggest demolition. The lack of compulsory demolition rights, such as compulsory demolition, not only violates the crime of intentional destruction of property in criminal law. This is a crime, not illegal. Illegal construction must be recognized and implemented by relevant government departments. It's like: a condemned man who committed a heinous crime of killing and stealing money. He committed a crime and must be investigated, tried and executed by the judicial department. If you kill him, you must have committed murder. There are laws to punish him for his crimes. This metaphor illustrates the importance of law.
That is beside the point. What if the property company can't receive the property fee? There is no good way. I can only go to court to sue and wait for execution.
This law seems reasonable and legal. For the owners who don't pay the property fee, they can't win the case for any reason. If you go to court, most owners will lose. The property management company will win, why? Because it's the law. Some business owners think that my house is damaged, the property is not maintained, and so on. In fact, these reasons are groundless. The law stipulates that you can sue him for inaction, you can sue him for the corresponding losses caused by inaction, and so on. But the property fee is a property fee, and you must pay it. The lawsuit is over. The property winning rate is almost 100%.
Q:
It doesn't matter if you can't receive the property fee. Can you sue in court?
A:
First, I don't know if I haven't fought a lawsuit. Property must be represented by a lawyer. If the lawsuit is won, the lawyer will be given a commission according to the agreed percentage of the winning amount. And there is a lot of money. Before that, no matter whether you win or lose, you must pay the lawyer a certain amount of money according to the agreement (that is, if you lose the lawsuit, you must pay the money, which is similar to the hard work fee), so you must pay the lawyer a certain amount of money regardless of whether you win or lose the lawsuit.
Two, civil litigation, contract disputes, the summary court can hear, the cost of 50 yuan. Not expensive. If it doesn't go well, there may be a retrial. If it is complicated, a collegiate bench will be set up, and it will be difficult to wait for the lawsuit to come down. Endless. Is our court inaction? Is it inefficient? Don't! The court has a state affairs, and the daily schedule is piled up like a mountain. As for the inability to hold a court session, there must be reasons for not holding a court session, and it is legal. It must have been done in accordance with legal procedures. If the defendant has special circumstances (such as illness, even oral claims), the trial must be postponed. On the other hand, everything went well, the defendant's master came and the lawsuit was won. Isn't that great? Don't! The court has ruled that the owner must pay the property fee, which also includes the late payment fee and prosecution fee. But this owner just doesn't implement it and doesn't give money.
Q:
Now that the court has won the lawsuit, what are you afraid of?
A:
Dream on, first of all, the executive court of the court basically has no time to execute it for you, so it can only be conveyed orally in the title of the book, because the court is not your home, not just for you. Do you know how much work the court has every day? Do you know how much the court is more important than you and how much it needs to be enforced? Generally, the property fees owed range from several thousand yuan to tens of thousands of yuan. Such a case will not get any attention at all. So you just have to wait until all the flowers have withered. More importantly, the person subjected to execution is the family residence. The law stipulates that the execution must be suspended or terminated if the person subjected to execution has no execution ability, because the law stipulates that the execution can only be carried out after the basic living conditions of the parties are guaranteed. Do you think you will confiscate the house of the business owner to blackmail the business owner? Absolutely impossible. As long as this party always has a series of reasons to show that he is incapable of execution, this execution must stop.
Q:
Can't you trust the people who pay for the court?
A:
Well, why not? Just take the back door of the relationship (there is nothing to avoid in this matter, as everyone knows from ancient times to the present, it is taking bribes). Pay the court people to do things. However, at present, anti-corruption and high pressure, it is estimated that no one dares to take risks to do things for you. Some people are not clean themselves, afraid of accidents. At this time, such a thing is not very easy to handle. But even if I can help you, you still need to pay, and you need to calculate the cost of the money. What's more, no one can guarantee that it will be successfully implemented. There is still no way to pay the property fee in arrears or there are other good reasons to refuse to implement it.
Therefore, we all know that it is basically a dream to expect a lawsuit to collect property fees. Moreover, many smaller properties are affiliated with a company with a property management license (similar to renting a house, giving it money), that is, giving money as agreed. Similar to what happened in the lawsuit, it was very difficult to operate and the company had to come forward. Besides, there are some expenses that you have to pay. Therefore, we often see that many properties do not do it when they are doing it. That's the reason. Once most of the property fees are not collected, the income and expenditure will be upside down. If you lose money, you have to leave. By the time we get the money back, we'll probably have drunk the northwest wind long ago.
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