How does the property sue the owner?

1. As the owner, when receiving the court summons, you must actively respond to the lawsuit, and don't be absent by evading or ignoring it. In this way, when the court makes a judgment, it will treat you as not responding to the lawsuit. Responding to a lawsuit is also a respect for the law. If not, you can entrust a lawyer to handle it.

2. As the owner, refusing to pay the property fee must be justified. I can't say that I don't think you are doing well, so I don't pay, or that "irregular menstruation is the fault of the property." There must be strong evidence to prove that the property is really not done well, which affects your quality of life and prevents you from living normally.

3. The evidence provided should have a clear date, clear photos, clear content and be able to tell the specific location. For example, sleeping peacefully and patrolling irregularly must be proved by clear evidence. If the camera is damaged, you need to have evidence of the damage, and when it is damaged, one is not repaired. Garbage can not be cleaned up in time, etc.

4. Invite other owners to respond as much as possible. After all, as the owner, if the property does not admit inaction during the audit, the owner will boo. Seeing many owners present, the property management company is still under great pressure. Don't talk nonsense, or you will shoot yourself in the foot.

If the evidence is accepted, the property management company must bear the fault. If the evidence is not accepted, try to reach a mediation with the property company. In fact, the ultimate goal of the property company is to collect property fees, rather than really killing the owners of the community. As long as you can agree to pay, the general property company will charge at a discount.

6. Never ignore it. As long as we go through the prosecution procedure, we must go. Otherwise, if you ignore it, the property company will apply to the court for enforcement if it doesn't receive the money, and it will put you on the blacklist of dishonesty, which is the most worthwhile. It will affect your work, your future and bring you endless inconvenience.

2. What are the specific procedures for prosecuting property owners?

(A) the establishment of debt liquidation team

The members of the debt liquidation team can be composed of personnel from relevant departments of the property company and the director of the property management office, and the institutional personnel are mainly part-time and will not increase the operating cost.

(2) Formulating a litigation plan

The settlement team conducted a statistical investigation on the situation of the residential area with arrears, and analyzed the reasons for arrears, the reasons for arrears of owners, and the distribution of arrears of owners in the residential area. And then make a lawsuit plan in batches. When making a plan, we should pay attention to the following two points:

1, easy before difficult. First sue the owners who owe money for no reason, then sue the owners who owe money for no reason, and gradually improve their litigation ability.

2. Reasonable distribution. In group litigation, the object of prosecution should not be concentrated in a building or in a building too close to it to prevent collective confrontation.

(3) Prepare prosecution materials

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. Drafting the 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, which prove the legality of various charges for property services, including late fees.

(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

Third, the consequences of refusing to pay property fees

1, involving judicial troubles

If many people don't pay the property fee for a long time, the property will sue the owners who don't pay, and the result of the prosecution is to make up the property fee. Under normal circumstances, even if the property itself is not in place, in order to protect the property and prevent other communities from following suit, it is recommended to leave time, evidence, camera and mobile phone in case of emergency.

2. Breach of property contract

Property Management Regulations The term "property management" as mentioned in these Regulations refers to the activities that the owners employ property management enterprises, and the owners and the property management enterprises carry out maintenance, conservation and management of the houses, supporting facilities, equipment and related sites in accordance with the property management contract, and maintain the environmental sanitation and order in the relevant areas. If there is no violation of the contract, the property fee must be paid in accordance with the contract.

Legal basis:

Article 1 of the Property Management Regulations: This Regulation is formulated in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people.