How to file a counterclaim in property fee litigation

If the owner is sued by the property for failing to pay the property fee, the owner may file a counterclaim against him before the expiration of the proof period. However, the owner must collect relevant evidence, such as evidence that the property management company has not fulfilled the relevant stipulations in the property management contract signed by both parties, and so on.

Legal analysis

To apply for counterclaim, the first thing to do is to write a counterclaim, which should include the counterclaim and the defendant's situation, counterclaim request, facts and reasons, legal basis and related matters that need to be explained. In the evidence part, counterclaim can apply for evidence preservation, that is, in the case that the evidence may be lost or difficult to obtain later, it can apply for evidence preservation. When applying, it shall state what evidence needs to be preserved, the types of evidence, who holds the evidence and the specific reasons.

1. The counterclaim must be filed by the defendant in this case to the plaintiff in this case, not by others, nor by a third party in this case, and the time limit for filing a counterclaim is before the expiration of the time limit for adducing evidence;

2. Counterclaim must be filed in the same court. The case that cannot be countercharged has a court with exclusive jurisdiction, which does not meet the counterclaim conditions. The counterclaim procedure must be the same as this case, not a summary procedure and an ordinary procedure;

3. Counterclaim must be tried or legally implicated in this lawsuit, involving the same or implicated legal relationship or subject matter.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 51 The plaintiff may waive or change the claim. The defendant may admit or refute the claim and has the right to file a counterclaim.

Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.

Article 140 If the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, they may be tried together.