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The property management department sends a lawyer's letter urging the property management fee to make up the outstanding property fee in a timely manner. If the owner does not pay the property fee and cannot enjoy the corresponding property management services, the property management company may make a decision to sue the owner if the negotiation fails, requiring him to pay the property fee and bear the penalty for late payment.
Legal basis. Article 41 of the Property Management Regulations.
The owner shall pay the property service fee according to the agreement of the property service contract. If the owner and the property user agree that the property user shall pay the property management service fee, the owner shall be jointly and severally liable for the payment. For properties that have been completed but have not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit.
Article 65 of the Property Management Regulations.
If the owner fails to pay the property service fee within the time limit in violation of the property management service contract, the owners' committee shall urge it to pay within the time limit; If the payment is still not made within the time limit, the property management service enterprise may file a lawsuit with the people's court.
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You should actively contact the opposing lawyer to confirm whether the property money owed is true, and if the amount is wrong, you should present evidence and negotiate with the opposing lawyer in a timely manner; If the amount is correct, the outstanding strata fees should be paid in a timely manner. Otherwise, it is likely that the other party will file a lawsuit with the court after the collection fails, which will bring more adverse consequences such as bearing additional legal costs and compensation.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 3 Scope of Application.
The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens' associations, legal persons, other organizations, and between them on the basis of property and personal relationships.
Article 118:Types and payment of litigation costs.
Parties conducting civil litigation shall pay case acceptance fees in accordance with provisions. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with regulations. Where parties have real difficulties in paying litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions.
The measures for collecting litigation costs shall be formulated separately.
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If you receive a lawyer's letter from a collection lawyer, you should treat it positively and deal with it.
1. If the arrears and other circumstances are true, if necessary, according to the specific content of the lawyer's letter received, combined with the specific disputes between the two parties, etc., to negotiate or reply to the letter, if the arrears are true, try to fulfill the repayment obligation as soon as possible, the lawyer's letter functions: deter, urge one party to perform the obligation as soon as possible, hoping to turn the big thing into a small matter, and resolve the dispute without litigation.
2. If there is no actual arrears or the amount of arrears is incorrect.
1.The lawyer who issued the lawyer's letter should be promptly explained to the situation and the corresponding evidence should be provided as much as possible for the lawyer to verify.
2.You should contact your lawyer in a timely manner and actively repay the loan. If it is difficult to repay the loan in a lump sum, you can also negotiate with a lawyer to repay the loan in installments.
If you ignore the lawyer's letter, the other party may file a lawsuit in court, and you may incur losses in court fees, interest on arrears, and may have a negative impact on your personal credit.
3. The property fee is the fee charged by the property owner and user for entrusting the property management unit to carry out daily maintenance, repair, remediation and other services related to the life of residents in the residential area for the housing construction and its equipment, public facilities, greening, sanitation, transportation, public security and environment. After receiving the lawyer's letter from the property reminding the property to pay the property fee, it is recommended that the owner pay the property fee in a timely manner, of course, if the owner has sufficient legal grounds to believe that the work done by the property is not in place, he can collect relevant evidence to claim his rights and interests in court.
Legal basis.
Article 671 of the Civil Code.
If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
Article 67 of the "Property Management Regulations" stipulates that if the owner fails to pay the property service fee within the time limit in violation of the property service contract, the owners' committee shall urge him to pay within the time limit; If the auction is still not paid within the time limit, the property management enterprise may file a lawsuit with the people's court.
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Summary. Legal basis: Article 944 of the Civil Code of the People's Republic of China The owner shall pay the property fee to the property service provider in accordance with the agreement.
If the property management service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted or does not need to accept the relevant property management services.
If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge the owner to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration.
Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.
What to do if you receive a property dunning lawyer's letter
Hello dear, wait a minute<>
If the negotiation is successful and the arrears are paid in a timely manner, there is no need to deal with the civil lawsuit that can be sold. However, if the negotiation with the fruit is not successful, it is necessary to be prepared and actively respond to the lawsuit. The people's court will send a copy of the complaint to the defendant within 5 days of filing the case, and the defendant shall submit a reply within 15 days.
If the defendant does not submit a reply, it does not affect the court's trial.
Hello, my property fee has not been paid for three years, because of the electricity bill of my garage, we are charging 100 yuan for the card, and there is no money in two days without money.
The role of the lawyer's letter: to deter and urge one party to fulfill its obligations as soon as possible, hoping to turn a big matter into a small matter and resolve the dispute without litigation.
Keep telling the property to help me fix it.
Ignore. How not to reply.
Legal basis: Article 944 of the Code of the People's Republic of China on the Hunger of the People's Republic of China The owner shall pay the property fee to the property service provider in accordance with the agreement. If the property service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property management fee on the grounds that he has not accepted the letter or does not need to accept the relevant property management services.
If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge the owner to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration. Property service providers shall not use methods such as stopping the supply of electricity, water supply, heat supply, or returning gas to the property management fee.
Hello dear, this is a problem with the property, you can complain to the district committee.
**How many numbers.
Hello dear, your area is **.
You can also go directly to the sub-district office in the area directly under the administration.
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The amount owed shall be checked and paid as soon as possible after the amount is correct. According to the Civil Code, the parties should perform their obligations face-to-face, and if they do not perform their obligations in accordance with the contract, the other party can claim compensation, so if they do not make up the payment as soon as possible, the property can be sued.
Legal basis: Civil Code
Article 509:The parties shall fully perform their obligations in accordance with the agreement.
The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.
In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.
Article 583: Where one of the parties fails to perform its contractual obligations or the performance of its obligations does not conform to the agreement, the other party shall compensate for the losses if the other party has other losses after performing the obligations or taking remedial measures.
A formal lawyer's letter requires the official seal of the law firm and the private seal of the lawyer.
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