Is the property fee lawyer s letter serious?

The consequences of the lawyer's letter are not very serious.

If you receive a lawyer's letter, you need to clarify the following points:

1. The lawyer's letter is an advance notice that one of the parties to the dispute has prepared to litigate the dispute between you.

2. The lawyer's letter itself will not have legal consequences, but is only a warning.

3. If you don't want to file a lawsuit, negotiate with the other party about how to resolve the dispute after receiving the lawyer's letter.

4. If you think that you have no problem and are not afraid of the other party's lawsuit, then you don't need to care about the lawyer's letter.

5. The lawyer's letter is a negotiation act of the other party before filing a lawsuit.

6. If the lawyer's letter is not performed, the other party may sue the court.

Civil Procedure Law of the People's Republic of China

Article 120.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party. Article 123.

The people's courts shall ensure the parties' right to sue in accordance with the provisions of law. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

The property fee lawyer's letter is coming, and it is necessary to take the initiative to reply to the valid reason for not paying the fee. The main basis is as follows:

1. In accordance with Article 526 of the Civil Code, "the parties bear debts to each other, and there is an order of performance, and if the party that should perform the debt first fails to perform, the party that performs later has the right to refuse its request for performance"; If the property service provider has not fulfilled the obligations stipulated by laws and administrative regulations but wants to collect service fees, the owner has the right to refuse to pay. You can refer to the content of the "Preliminary Property Management Service Contract (Model Text)" and the relevant provisions of the "Measures for Property Undertaking and Inspection" and other relevant provisions of the "Measures for Property Undertaking and Inspection" and in accordance with the obligations of property management services regulated by articles 937 to 944 of the Civil Code, and compare the actual service status item by item, and according to the fact that the property service provider has not provided services in accordance with the regulations, the owner shall explain the legitimate reasons for refusing to pay the property (service) fee item by item.

2. Evidence of service costs and service fees is required to be verified in accordance with the law. Article 938 of the Civil Code clarifies that the content of the property service contract includes "the standard and collection method of service fees". In accordance with Article 10 of the ** Law, property service providers shall accurately record and verify service costs, and shall not falsify; In accordance with the provisions of Article 11 of the Measures for the Administration of Property Service Charges, the nine fees that constitute the cost of services are related to the quantity and value of the common part of the property.

Therefore, in the absence of objective and fair acceptance of inspection results, the approved service cost is bound to be "fraudulent".

3. The owner shall require the charging party to provide an objective basis for the verification of service costs and service fees in accordance with the law. If the property service provider fails to go through the filing formalities in accordance with the provisions of Article 29 (holding the property service contract, management agreement, inspection agreement, inspection records and other documents), it proves that it evades the guidance and supervision of the competent department and has not filed for permission; Therefore, it cannot be approved by the competent authority, and there is a lack of legal basis for charging.

4. If the property service provider does not perform the obligation to undertake the inspection, it is a failure to provide services in accordance with the regulations, which will inevitably lead to confusion in property management and illegal charges. The new property service provider should provide professional property inspection services, follow the principles of honesty and credibility, objectivity and fairness, clear rights and responsibilities and protection of the common property of the owners, and assist the owners' committee and the old property service providers to undertake inspections and bear the corresponding legal responsibilities. (Please refer to the article "Obligations of Residential Community Pre-property Services").

5. When receiving the lawyer's letter, take the initiative to reply in writing. The owners should unite as one, and must explain the reasons in writing, sign together, and jointly prove that the written materials have been delivered to the property service provider, and submit them to the residents' committee, and retain relevant evidence.

Make suggestions in accordance with laws and regulations, I hope friends, good luck.

Whether the consequences of the property fee lawyer's letter are serious depends on the specific situation. The lawyer's letter only represents the other party to exercise the right to demand, but this does not mean that there is no need to pay the property fee, if the owner has no valid reason and does not pay the property fee due, the property company can sue the court to demand payment. According to the provisions of the Civil Code, 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.

Therefore, after receiving the lawyer's letter, it is necessary to deal with it in combination with the actual situation, if it is your own problem that causes arrears in property fees, you can pay it in time, and if you are not at fault, you can actively negotiate with the property company to solve it. If a resolution cannot be negotiated, relevant legal assistance may be sought.

Legal analysis: Usually the property lawyer's letter comes, the consequences will not be very serious, it is likely that the owner has not paid the property fee or other property matters, just make up for it as required. However, if the landlord does not take it seriously and receives a letter from the property lawyer but does not reply, the consequences may be serious.

After all, a lawyer's letter is not an indictment, and it can be resolved through negotiation between the two parties. But if you ignore it, you may end up being sued by the other party.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Litigation Requirements for Initiating a Lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: The lawyer's letter means that the other party has hired a lawyer, and receiving the property lawyer's letter means that the other party chooses to go through the legal process, and there is no serious problem of serious consequences.

Legal basis: "Lawyers Law of the People's Republic of China" Article 29: Where lawyers serve as legal advisers, they shall provide opinions to clients on relevant legal issues in accordance with agreements, draft and review legal documents, participate in litigation, mediation, or arbitration activities, handle other legal affairs entrusted to them, and preserve the lawful rights and interests of their clients.

Legal Analysis: Not Serious. A lawyer's letter refers to a professional legal document prepared and sent by a lawyer who accepts the client's entrustment to disclose and evaluate relevant facts or legal issues, and then makes a request to achieve a certain effect.

The lawyer's letter is not an indictment or a judgment. It just informs you of the other person's attitude, demands, etc. It should be actively responded to and negotiated with the other party to solve the problem.

If left unattended, the other party may take the next step (prosecution). If the other party has already sued, it can also be resolved through negotiation. The key is to actively respond to the collection of evidence in your favor, whether it is negotiation or litigation, it will help you.

Legal basis: "Property Management Regulations" Article 41 property service charges should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owners and property management enterprises in accordance with the property service charges formulated by the competent department of ***** in conjunction with the competent administrative department of construction, agreed in the property service contract.

It's up to you to deal with it.

Within the time limit of the lawyer's letter, you will not do anything if you pay the strata fee.

After the deadline for the lawyer's letter has passed, the property has sued you, and you have lost the sentence of leniency, and you have paid it, and it is fine.

After the prosecution, if you don't appear in court and don't pay it, then you will have to be blacklisted.

If you don't pay the blacklist if you don't pay it, that's an old man.

When you are a cheater or blacklisted, it will affect your consumption, make airplanes, etc., and affect your children's schooling, political examination, civil service examinations, etc.