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How to write an appeal if a property dispute case refuses to accept the judgment?
1. How to write the property fee dispute appeal?
Write down the reasons why the appellant and the appellee are entangled and why they are treated unfairly. Property disputes are often caused by owners not paying property management fees. According to China's property management regulations, property management fees need to be paid when the property is delivered to the owner. If the owner and the property management company can't solve it through consultation, they can bring a lawsuit to the court.
Appeal request
Appellant:
Appellee: (There is no appellee in criminal appeal)
The appellant refuses to accept the word No. () The people's court now appeals for a case.
Appeal request:
Reasons for appeal:
I am here to convey
People's court
Attachment: A copy of this appeal.
Appellant:
date month year
[Fill in description]
1, appeal request. First, describe the whole case comprehensively, and then state the results of the original trial. Secondly, indicate whether you are dissatisfied with the original judgment in whole or in part. Finally, it is clear whether the specific litigation request is to revoke the original judgment, completely change the original judgment or partially change the original judgment.
2. grounds for appeal. Mainly for the original referee, not for the other side. The main reasons for opposing the original judgment and ruling are: (1) unclear facts and insufficient main evidence; (2) The nature of the original trial was improper; (3) Improper application of substantive law; (4) violation of legal procedures.
Modern residential areas have specialized property service companies to provide management services. Naturally, as a community owner, we should also pay a certain fee to the property management company. But there will also be property disputes between owners and property management companies and personnel. Property contract disputes often involve multiple owners in the same community. In the process of handling, the owners may also unite because of the same interests. The handling of a case will have a demonstration effect in the community involved. Improper handling will directly affect the stability of the community and bring great pressure to the trial of the case.
Second, how much property fees are owed can be prosecuted.
Whether the owner will be prosecuted for defaulting on property fees has nothing to do with the amount of property fees owed. The property fee owed by the owner to the property management company is a civil dispute. Therefore, even if the owner is in arrears with the property fee of 1 yuan, the property can file a lawsuit at any time, demanding the owner to pay the property fee, and compensate the losses of such civil cases within two years of the general limitation of action.
Classification of prosecution
Prosecution in the civil procedure law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name because of the infringement of his own or the civil rights and interests managed and controlled according to law or the dispute with others.
Prosecution in criminal proceedings refers to the litigation activities in which state organs and citizens who have the right to sue bring a lawsuit to the court according to law, requesting the court to hear the contents of the accusation, so as to determine the criminal responsibility of the defendant and impose criminal sanctions according to law. All kinds of cases tried by people's courts are based on the prosecution of public prosecution organs or parties. If there is no prosecution, the court will not take the initiative to hear any case. If the court accepts the prosecution and agrees to hold a trial, it is called acceptance. The establishment of the prosecution marks the beginning of the litigation trial procedure.
To sum up, it is not only owners who can appeal to tenants in disputes over property fees. If the property fee faced by the tenant does not meet the legal requirements, and the owner makes unreasonable demands, the tenant can also appeal to the owner. There are still many disputes over property fees, so it would be better if they can be settled through consultation, because going to court will cause certain losses to both parties.
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