How to counterclaim if the arrears are sued by the property?

Because the property is sued for failing to pay the property fee, the owner can counterclaim before the time limit for proof expires. However, the owner should collect relevant evidence, such as evidence that the property management company has not fulfilled the property management contract. 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. Property management fee is the fee charged by the property management company in residential quarters when managing the property. Property management fees are generally paid after buying a house. If the property management fee is in arrears, the property will sue the owners who have not paid the fee. The property sued the owner who didn't pay the fee, and the result of the prosecution was to pay the property fee. According to the "Regulations on Property Management", the owner shall pay the property service fee according to the agreement in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court.

Legal basis:

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.

Derivative problem:

How to respond to a lawsuit that owes property fees?

Content: If the property management company has faults and shortcomings in the process of providing property services, the owners can take advantage of the time to provide evidence to actively collect evidence for defense. Confirmed to be sued by the property, and received court summons and notice of responding to the lawsuit. First of all, take out the property service management contract, interpret the service content of the property company in detail, and clarify the rights and responsibilities. Determine whether it is reasonable to default on property fees. For example, if the house leaks, it is the responsibility of the developer, and the owner cannot refuse to pay the property fee on the grounds of the quality of the house. After defining the service of the property, if the reason for not paying the property fee is not sufficient, the property service provided by the property company does conform to the contract. Then it is best to go to the property in time to settle the property fee and pay the liquidated damages (late fees) as agreed in the contract. Otherwise, after the property wins the case, you can apply to the court for enforcement.

Legal basis:

code of civil 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.