The process of property suing owners for not paying property fees

The process of suing the owner for not paying the property fee is to submit the complaint, relevant evidence and other evidence materials to the people's court with jurisdiction, and the people's court will pay the legal fees as required after filing the case, and then wait for the court session.

Legal analysis

After trial, the people's court finds that the owner refuses to pay the property fee without justifiable reasons, and shall support the plaintiff's claim and order the owner to settle the property fee in time. If the defendant has justified reasons for not paying the property fee and can provide corresponding evidence, the people's court may reject the plaintiff's claim. Owners can accept the services provided by the realty service enterprise according to the stipulations of the realty service contract, and supervise the management and use of the special maintenance funds for the property parts and facilities, and the corresponding owners are obliged to pay the realty service fee on time. If the realty service enterprise fails to fulfill the stipulations of the realty service contract and causes damage to the owner, it shall bear corresponding legal responsibilities according to law. If the owner fails to pay the property fee, the property may not provide corresponding property services. If the owner still fails to pay after repeated collection, the property company may make a decision to sue the owner and ask him to pay the property fee and bear the late payment fee and liquidated damages for the property fee. According to relevant laws and regulations, legal fees need to be paid for bringing a civil lawsuit. Legal fees are the fees that the parties should pay in the proceedings, including case acceptance fees and other litigation fees. Legal fees are generally paid by the plaintiff in advance, and the losing party will bear the expenses after the judgment is issued.

legal ground

Article 944 of the Civil Code of People's Republic of China (PRC), the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.

Article 120 of the Civil Procedure Law of People's Republic of China (PRC) * * * A lawsuit shall be filed with the people's court, and a copy shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.