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How do owners fight the lawsuit of defaulting on property fees
In today's society, most communities have specialized property management companies to provide services for owners, and owners need to pay certain property fees while enjoying the services. Then, if the owner refuses to pay the property fee, the property company can sue the owner. Next, Bian Xiao will explain the process of not paying property fees for your reference.
First, what is the process of not paying property fees?
The litigation procedure is stipulated by law, and it is a series of very serious and rigorous litigation behaviors. The following points are briefly introduced:
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Article 12 1 of the Civil Procedure Law stipulates:
Complaints should be recorded.
Specify the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
The above are just a few main links in the litigation process. There are still many behaviors that need to be paid attention to in the whole litigation process, such as time limit for proof, counterclaim, application for expert appraisal and witness appearing in court. These details are very important. The phrase "details determine success or failure" is very appropriate in litigation.
Second, whether the lawsuit needs to hire a lawyer.
The professionalism and technicality of litigation determine the position and advantages of lawyers in litigation. Every case will not only involve one law, but also have comprehensive application ability and practical experience besides comprehensive legal knowledge. Gao Feixia, a law major, is familiar with the law, but he may not be able to operate successfully, because he is familiar with the art of war but has never been to the battlefield. Not to mention those who don't know the law. The litigation procedure is one-off and irreversible, and the result is related to the vital interests of the parties. Therefore, in order to better safeguard their legitimate rights and interests and avoid losing reasonable lawsuits and unnecessary losses. It is very necessary to entrust a lawyer to represent your lawsuit.
The process of litigation is often divided into five parts: prosecution, filing, trial, judgment and execution. Most importantly, during the trial, Bian Xiao reminded everyone that in order to increase your success rate, it is suggested that you entrust your local professional lawyers through the website and let them help you.
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