How to deal with the property company suing the owner for arrears

The response to the property lawsuit against the owner for defaulting on the property fee is as follows:

1. Explain the service content of the property management company in detail, clarify the rights and responsibilities, and judge whether it is reasonable to default on property fees;

2. The property services provided by the property management company do conform to the contract, and you can go to the property to settle the property fee in time;

3. If the property management company fails to provide services as agreed in the contract, the owner can take the time to provide evidence, actively respond to the lawsuit and actively obtain evidence.

In addition, the owner can refuse to pay the property fee for the part with poor property service and inadequate service. If the service quality of the property is too poor, the property management company may not pay the property fee, and the owner has the right to refuse to pay, provided that the contract commitment or written commitment is made and the service quality is not satisfactory.

The materials required for the property to sue the owner for defaulting on the property fee are as follows:

1, power of attorney

The trustee generally chooses the head of the reconciliation team and the director of the community management office. Smaller enterprises can also choose enterprise managers and directors of community management offices. The client should be familiar with the relevant laws and regulations of property management and the residential property service contract, have strong language skills, and also master the defense countermeasures of the owners' arrears.

2. Draft a complaint

Draft a lawsuit according to the property service contract of the company in the community. If there is a preliminary realty service contract and a realty service contract signed with the owners' committee, a complaint shall be drafted according to the terms of the contract; If there is no property service contract, you can find a street office or neighborhood Committee to issue a certificate, together with the fee permit issued by the price bureau, which can prove the factual contractual relationship.

3. List of evidence

(1) the company's business license and qualification certificate, which prove that the company has the legal right to operate.

(2) The property service contract, the charging license and the certificate issued by the neighborhood office or neighborhood committee prove that the company has legal property service rights and charging standards in the community.

(3) Relevant documents.

(4) Registration Form of Real Estate Rights and Enterprise Registration Data Form (Store), which prove that the defendant is the owner or user of the real estate.

(5) Other evidential documents.

4, making arrears data

(1) List of Property Management Service Fees and Late Payment Fees

(2) Schedule of water fee, sewage treatment fee and pressurized electricity fee

(3) List of security door and ladder lamp maintenance, street lamp electricity fee and garbage disposal fee

(4) Schedule of electricity sharing for elevators and ladder lamps.

(5) Schedule of Expense Allocation of Elevator Maintenance Parts

(6) Calculation Table of Pressurized Electricity Charge per Ton of Water Supply

(7) Calculation table for sharing elevator electricity and ladder lamp electricity.

(8) Calculation table of elevator maintenance parts cost sharing

Note: The above table is formulated by the enterprise according to the actual situation of the community.

5. Other information

(1) copy of lawyer's letter;

(2) payment notice;

(3) remind.

The process of property prosecution for defaulting on property fees is as follows:

1, file a lawsuit.

2. The court will serve a copy of the indictment on the defendant after examination and acceptance;

3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial;

4. If a hearing is decided, the parties concerned shall be notified and announced three days before the hearing;

5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record;

6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party;

7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.

The verdict was announced.

Matters needing attention outside the limitation of action are as follows:

1. Ask the debtor to write a repayment plan. In this way, the limitation of action can be counted from the time when the repayment plan is fulfilled.

2. Reconciliation with the debtor. This not only facilitates litigation, but also extends the limitation of action, which is recalculated from the date of settlement.

3. Draft the minutes of the meeting to negotiate with the debtor to settle the debt. For the units that don't pay their debts for the time being, this way not only hurts harmony, but also causes the limitation of action to be recalculated.

4. Negotiate with the debtor and ask him to provide a guarantor. Guarantee repayment within a certain period of time. If it is overdue, the guarantor will repay it on its behalf. The limitation of action has never advocated the right to repay the debtor. The limitation of action shall be recalculated from the date of claiming the right.

Find a witness to prove that you claimed the right to the debtor. The limitation of action shall be recalculated from the date of claiming the right.