How about being sued for not paying the property fee?

There will be a trial by default, which is relative to the judgment of the audience. If only one party appears in court, the people's court only asks and checks the evidence and listens to the opinions of the parties appearing in court. After examining and verifying the complaint or defense and evidence submitted by the party who did not appear in court, the judgment made according to law is a judgment by default.

Default judgment applies to the following situations:

1. If the plaintiff fails to appear in court or withdraws in the middle of the court, it shall be treated as withdrawal. If the defendant counterclaims, he may make a judgment by default;

2. The defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court halfway without the permission of the court;

3. The court ruled that the lawsuit was not allowed to be withdrawn, and the plaintiff refused to appear in court without justifiable reasons after being summoned by a summons;

4. The legal representative of the defendant who has no capacity for civil conduct refuses to appear in court without justifiable reasons after being summoned;

5. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court will announce and summon the debtor to respond after accepting it. If the debtor still fails to respond to the lawsuit after the expiration of the announcement, and the loan relationship is clear, the judgment may be made by default after trial. During the trial, if the debtor escapes, his whereabouts are unknown, and the loan relationship is clear, the judgment may be made by default.

A judgment by default has the same legal effect as a judgment by presence. For the judgment by default, the people's court should also announce and serve the judgment to the absent parties in accordance with legal methods and procedures, so as to ensure that the parties can fully exercise their right of appeal.

Extended data:

Defects of trial by default:

Due to the unclear legislative concept, there are obvious defects in the specific design and actual operation of the trial by default system in China. This is mainly manifested in:

1, too much emphasis on the authority of the judge, lack of necessary respect for the status of the parties in the proceedings. In modern civil litigation, the parties are considered as the main body to promote the litigation. Although the judgment is ultimately made by the judge, it is the parties who promote the formation of the judgment. It is the statements, evidence, cross-examination and debate activities of the parties that laid the foundation for the formation of the judgment.

2. This concept is embodied in the default judgment system, which requires that the default judgment be made in principle at the request of the parties to appear in court. In China's trial by default system, in principle, the default judgment is made by the judge ex officio.

3. In fact, in the absence of one party, the other party does not necessarily want to know the litigation situation through default judgment, and he may have the desire to resolve the dispute by other means such as reconciliation. Therefore, the court's initiative to make a default judgment regardless of the requirements of the parties may not be in line with the wishes of the parties, thus shaking the foundation of the legitimacy of the judgment.

4. Treating the plaintiff and the defendant differently is not conducive to equal protection of the rights of both parties. Equality of parties is a basic principle in civil litigation, which includes equality of litigation status and equality of attack and defense in litigation.

5. In the system of trial by default in our country, the absence of the plaintiff will only lead to the consequences of withdrawing the lawsuit. Since the plaintiff can sue again after withdrawing the lawsuit, there is no disadvantage in substance. However, the absence of the defendant will lead to a judgment by default, and nine times out of ten it will be unfavorable to him because he did not appear in court.

6, exactly the same behavior leads to different legal consequences, which is not in line with the principle of equal protection of both parties. Further study, this reflects a concept of taking default judgment as a means to punish defendants who do not appear in court, and this concept is obviously wrong. Failure to appear in court is mainly the litigation right of the parties, and the parties can punish them according to their own free will.

7. Even if you don't appear in court, it is not illegal and should not be punished. Moreover, even if not appearing in court is regarded as "improper" behavior, there is no essential difference between the plaintiff's failure to appear in court and the defendant's failure to appear in court.

8. Finally, the legislation is too rough and the operability is extremely poor. On the surface, China's trial by default system does not set up an objection procedure, nor does it adopt the trial mode of one party debating, which seems to be conducive to the improvement of litigation efficiency.

9. However, in fact, because the legislation is too rough, it only stipulates the circumstances in which the judgment by default can be used, but does not stipulate the specific applicable elements and trial methods, resulting in its function being seriously shrunk. In judicial practice, investigators often dare not apply default judgment to mature cases, but reschedule court sessions or summon them again.

10. Although the current civil procedure law changes the "two statutory summonses" in the trial law to "summonses", in fact, few judges make a default judgment only after one summons is not served.

1 1. The legislative purpose of the trial by default system is to continue litigation in the absence of one party, so as to protect the legitimate rights and interests of the other party and avoid the delay of litigation and the waste of litigation resources. However, in China, due to the rough and vague legislation, this goal has not been achieved.

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