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It is not illegal for the property to sue you for arrears and serve a summons; The court has applied a summary procedure rather than an ordinary procedure; It is common to complete the trial through mediation and withdrawal of the lawsuit, and rarely make a judgment. It is recommended that you respond to the lawsuit and no longer pursue the method of service of the summons; Focus your energy on how to respond. The owner shall pay the full amount of the service fee for the services provided by the property, which is one of the full manifestations of rights and obligations.
If the landlord refuses to pay the service fee on the grounds that the property service is not in place; The property will be demanded, or the court will claim the creditor's rights and sue you for breach of contract on the grounds of non-performance of the [property service contract]; The court will usually file a case in favor of the plaintiff. As for the current situation of the community you reflect, the community owners' committee should question the property and ask them to rectify within a time limit, or you can complain to the [property association], if the service standards cannot be met, the service contract will be terminated, and the reputable property will be hired to take over the community. Owner autonomy is also a good choice; These are the rights of the owner and do not require a court decision.
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The method of service itself is not illegal, it is okay, and the mail is still a common method, but it cannot be regarded as valid service without your signature. But now that you already know, there is no practical point in dwelling on this, the immediate question is how to deal with it, either to participate in court mediation, or not to participate in waiting for the court judgment (this situation is basically decided), it is recommended that you still participate in mediation, explain the reasons for arrears of property fees, if the property company is at fault. There is a possibility of fee reduction, of course, if you have enough time and are not too troublesome, you can also file a lawsuit with the property management company.
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First of all, the way to serve the summons, the summons needs to be served by the comrades of the court case filing division (must be two or more court personnel), and at the same time make a record, but the parties can not sign the service receipt, in this case, the court will write that it has been served, and if the party cannot be found, the court will issue a pass within the specified time limit, and a default judgment will be made at that time.
Secondly, if your name is written incorrectly, you can refuse to receive and **.
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It should be that you didn't make it clear, what is an ordinary envelope? Plain letter or **?
There are many statutory ways in which a subpoena can be served in court:
The first is direct service, that is, directly finding the parties to serve in person.
The second is mail delivery, which is generally ** delivery or express mail delivery.
The third is the delivery of announcements, that is, the delivery of announcements in appropriate newspapers.
Fourth, service on foreign affairs, for foreigners, etc.
Fifth, service in lien.
Judging from what you said, it should be delivered by mail. This is a legal method of service.
If the specific name and contact person of the court are on the document, then it means that it is genuine. You can just contact us directly.
The best way to deal with this is to be well prepared to respond to the lawsuit. A lawyer may be appointed**.
I hope you do, because I have given a comprehensive explanation from a legal point of view.
According to the materials you supplemented, you will re-sign as follows:
The method of service is the method of service by lien.
There is no problem with your reasons for responding to the lawsuit, but you should use a counterclaim to request the other party to restore its original appearance.
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First of all, the method of service is unreasonable. Secondly, if you have time, you should go and participate in the adjustment. If you don't have time, forget it, this kind of thing is generally the property win, when you have paid the money, you have no initiative, what should you do if you don't do it after the property promises?
Go to sue? Why don't you do it after you win the case? It is inevitable that the owner is the injured party.
The courts are in your favor, but enforcement is a big problem! This is Chinese characteristics! It's like**,** can never play the dealer, a person, and a group, which is more powerful?
When you ask the court to enforce it, do you pay the enforcement fee? After the execution has no effect, do you still let it be executed? Chinese characteristics.
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The summons is not served in a legal way, and it must be signed by you or your immediate family members, or by three or more of your neighbors.
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It's definitely not legal, and the parties are in the case of unwillingness. You can refute him.
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Legal analysis: 1. The service of litigation documents must have a certificate of service, and the person to be served shall indicate the date of receipt and sign or seal on the certificate of service.
2. The service of litigation documents shall be directly delivered to the person to be served.
3. With the consent of the person who received the gift, the people's court may use fax, e-mail, or other methods that can confirm their receipt to serve litigation documents, except for judgments, rulings, and mediation documents.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 84: The service of litigation documents must have proof of service, and the person to be served is to indicate the date of receipt and sign or affix a seal on the receipt of service.
The date of receipt signed by the recipient on the receipt of service is the date of delivery.
Article 85: The service of litigation documents shall be directly delivered to the person to be served. If the recipient is a citizen, he is not in the same adult family member who lives with him to sign for receipt; Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the principal responsible person for the other organization, or the person responsible for receiving the document shall be signed by the legal person or organization; If the person to be served has a person who has litigated **, it may be sent to his **person for signature; Where the recipient has already designated a person to be collected on behalf of the people's court, it shall be sent to the recipient to sign for receipt.
The date on which the recipient's adult family members residing with the recipient, the person responsible for receiving the documents of a legal person or other organization, the person in charge of the litigation or the person receiving the service on behalf of the person receiving the document is the date of service.
Article 86: Where the person to be served or his adult family members living with him refuse to accept litigation documents, the person serving them may invite representatives of the relevant basic-level organizations or units to appear, explain the circumstances, and indicate the reason and date of refusal on the proof of service, and have the person serving or witnesses sign or affix a seal, leaving the litigation documents at the residence of the person to be served; It is also possible to leave the litigation documents at the residence of the person to be served, and use methods such as photographs or videos to record the process of service, which is deemed to have been served.
Article 87: With the consent of the person to be served, the people's courts may use fax, e-mail, or other methods to confirm their receipt of litigation documents, except for judgments, rulings, and mediation documents.
Where the methods in the preceding paragraph are used, the date of delivery is to be the date on which the fax, e-mail, and so forth arrive at the recipient's specific system.
Article 88: Where it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their behalf, or they may be served by mail to the state. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery.
Article 91: After receiving the litigation documents, the organ or unit that transferred them on their behalf must immediately hand them over to the person receiving the service to sign for receipt, and the date of receipt on the receipt of the service receipt is the date of service.
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A subpoena is a written notice given at the beginning of a particular court proceeding and proceedings. There are several ways in which a subpoena can be served:
1. Direct service, also known as delivery service, refers to the method of service in which the people's court appoints a special person to directly deliver the litigation documents to the person to be served for signature. Direct delivery is the most basic of the delivery methods. That is to say, where it can be served directly, it should be served directly to prevent delay in litigation and ensure the smooth progress of the litigation process.
2. "Service by retention in custody" refers to a method of service in which the person to be served places the litigation documents in the residence of the person to be served in accordance with law when the person to be served unreasonably refuses to accept the litigation documents, and produces the legal effect of service.
3. "Entrusted service" refers to entrusting another people's court to serve the litigation documents on behalf of the people's court in charge of hearing the civil case when it is difficult to directly serve the litigation documents. Entrusted service has the same legal effect as direct service.
4. Service by mail refers to the way in which the people's court sends the documents served to the recipient through the post office and by ** letter. Practice shows that the court's use of file change and random mail service is usually a service method used when the recipient's residence is far away from the court and it is difficult to serve directly.
5. "Transfer for service" refers to the method of service in which the people's court sends the litigation documents to the unit to which the recipient belongs for collection, and then transfers them to the recipient. There are three scenarios for forwarded service:
1) The recipient is a soldier and is transferred through the political organ of the unit at or above the regimental level to which he belongs;
2) Where the recipient is imprisoned, it shall be transferred through the prison or labor reform unit where he or she is located;
3) Where the recipient is currently undergoing re-education through labor, it shall be transferred through his re-education through labor unit. After receiving the litigation documents, the organ or unit that transferred them on behalf of them must immediately hand them over to the person to be served to sign for receipt, and the time of their signature on the proof of service shall be the date of service.
6. Delivery of announcements. Notices may be posted on the court's bulletin board, the original residence of the person to be served, or an announcement may be published in a newspaper, and the use of public notice service can only be used when the whereabouts of the recipient are unknown, or when service cannot be made by other means. The legal effect of the service of the announcement is the same as that of other send-off methods.
If the court summons cannot be delivered to the defendant in person, it may be served by the other methods described above.
[Legal basis].
Article 92 of the Civil Procedure Law of the People's Republic of China: Where the whereabouts of the person to be served are unknown, or it cannot be served by other means provided for in this section, service is to be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served. Where the public notice is served, the reasons and process shall be noted in the case file.
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