How long does it take for the management company to file a claim against the debtor? What to do if the statute of limitations on housing and communal services debts is three years, and the housing company sues you

The management company can sue if you have not paid your utilities for six months. As a rule, first the company calls, reminds you about the debt, and only then, if the debt is not repaid, they send a subpoena. If you receive threatening calls, but have not yet received a summons, you better:

Request debt restructuring

We are talking about installment debt. It can be asked before the case comes to court. To do this, you need to write a statement and indicate in it the reasons why the payment was not made on time. You can also suggest the timing and procedure for repaying the debt. The management company will most likely agree to such an installment plan, since it is itself interested in receiving money before the trial.

If you have already received a subpoena, you should:

1. pay off the debt

If possible, the debt must be paid off immediately upon receipt of the summons. Receipts of payment will need to be presented in court and shown to the management company.

2. prepare a valid reason for non-payment

The management company is ready to accommodate the defaulter if he is late in payments for a good reason. These include a long-term illness during which you did not receive wages, delayed wages, job cuts or job elimination, and other reasons why a person found himself in a difficult financial situation.

The reason must be proven by providing the relevant documents in court: a certificate from work, a certificate of illness.

3. apply for a housing subsidy

If utility costs exceed 22% of family income, you can apply for a housing subsidy. It will reduce the rent and help avoid taking the case to court.

4. submit an application for installment payment

The Criminal Code may extend the time for debt repayment, but this will not free you from paying current payments.

You pay your rent on time, but the management company does not respond to your complaint and does not fulfill its obligations. What to do?

If the management company does not respond to written complaints sent to it, you can take decisive action.

1. write an application to the State Housing Inspectorate

In the application, indicate specific complaints that the Criminal Code left unanswered. Inspectors will check its activities and, in case of violations, issue a fine to the company.

2. write a complaint to Rospotrebnadzor

You can submit a complaint online on the Rospotrebnadzor website. The application is written in any form, but in the text it is advisable to refer to the Code of Administrative Offenses, the Housing Code, and SanPiN norms.

3. send an application to the Consumer Protection Society

The application is submitted in writing to the consumer rights protection department at the place of residence. Be sure to ask the receiving employee to endorse your application.

4. sue the management company

If the above measures do not work, you can sue the management company. The plaintiff may be the owner of the property or a representative of several owners (if the case concerns several apartments).

5. change management company

The decision to change the management company is made at a general meeting of residents of the building. At least half of the apartment owners must be present, and at least two-thirds of the participants must vote for changing the management company. It is necessary to decide on the choice of a new management company within a year. Other tips for changing management companies.

Anastasia Mironova

The management company filed a lawsuit

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121 ready answers

Matasov Andrey

Russia, Poretskoe

10.27.2017 at 17:48

Subject of the question:
Hello.
I am the owner of a privatized apartment. The house is declared unsafe and subject to demolition. At the insistence of the administration (written notices), due to the danger of the building collapsing, in October 2015, he was forced to move out.
The management company filed a lawsuit because I did not pay utility bills. The court said that since the services were provided, one must pay, there is no other way.
How is it that I didn’t need these services, I didn’t leave the apartment on my own whim, the management company knew that the apartment was vacated, but payments were and are being accrued (there are still several families left in the house who do not have the opportunity to move out).

Russia, Muzhi

10.25.2017 at 17:39

Subject of the question: The management company filed a lawsuit
The management company filed a lawsuit against the tenants, the tenants won the magistrate court, and lost the district court. Do residents have the right to appeal to the Supreme Court against the district court of appeal, bypassing the presidium of this court?

Good afternoon Neither the residents nor any other participant in the legal process have the right to “skip” individual (chosen by them) courts! There are no such norms in the Code of Civil Procedure of the Russian Federation! It is necessary to submit the LC within 6 months to the Presidium of the district court, and if the transfer of the CL to the Presidium is refused or if it is considered by the Presidium and the legality of the ruling of the AI ​​court is recognized, if you agree with the appeal ruling of the IC of the State Duma of the district court, you can apply to the IC of the State Duma of the Armed Forces of the Russian Federation with the LC ! Good luck in the argument!

Russia, Kazan

10.20.2017 at 20:17

Subject of the question: The management company filed a lawsuit
I am a home owner. My son and husband are registered in this apartment. By coincidence, I had a debt on housing and communal services. The management company filed a lawsuit because there was no way to repay the debt. The son has not lived in this apartment for a long time, but his salary card and credit card were seized, he was left without a means of subsistence, i.e. the debt was divided into three. Can I take on the entire debt, how to do this and how to help my son in this situation, because he has a family and he pays for rented housing.

Good evening! The son will also have to pay the debt, since he is registered there, let the bailiffs provide a certificate stating that the salary is being transferred to the account - then they will withdraw 50%. If there are children, let the wife collect alimony. In any case, the bailiffs cannot withdraw no more than 50%. good luck to you!

Russia, Rostov-on-Don

10/17/2017 at 12:30

Subject of the question: The management company filed a lawsuit
A notice has arrived, it is clear that it is a judicial notice. The address is old, I don't live there. Should I receive it or not? Will this change anything or will the trial be held without me? It was the management company that sued. I did not pay the services of the management company for the plot of land. I did not sign any documents or agreements with Them. Do they have the right to demand contributions from me? Do they have a chance to win the trial?

Good afternoon Yes, there is a possibility that the judge will make a decision in absentia, but you will be able to challenge it. If you think that the Criminal Code is wrong, you can come to the court hearing. Can you clarify exactly what contributions the management company requires from you?

Russia, Labytnangi

09.28.2017 at 10:09

Subject of the question: The management company filed a lawsuit
Hello, please tell me, our management company has filed a lawsuit for non-payment of debt. The court ordered payment and blocked the cards. But the catch is that the data provided to the court is not correct. Registered 2, but applied for 3, although the 3rd, my mother entered and has already been registered for 2 years in another city. Is the Criminal Code to blame for the unreliability of the data, since they made requests for the court somewhere?

Hello dear Semyon! You had to declare in court that the Criminal Code was misleading the court, but now indicate this in your appeal. I wish you good luck and success. Best regards, A.A. Bogolyubov.

The management company may be to blame. However, in any case, it was necessary to appeal the court decision, or present your objections at the court hearing. And since the court decision has entered into legal force, there is no point in talking about it now.

Hello! You had to provide an apartment card in court. If a court order is issued, then file an application to the court that issued the court order to cancel the court order. Also ask the court to restore the deadline for filing objections.

Russia, Kazan

09.23.2017 at 15:00

Subject of the question: The management company filed a lawsuit
Hello. The management company filed a lawsuit. Accounts were seized. Now they want to turn off the water supply. What to do? I found out about filing a lawsuit by accident. No papers arrived. I don't refuse payment. They pay in small installments.

Hello! Resolve the issue of debt payment. The supply of a resource can be turned off if there is a debt only after prior notification to the debtor in accordance with Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 09/09/2017) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”

Good afternoon, if your rent arrears are more than 3 months, then government decree 354, as well as gas, electricity and intercom, can be turned off. The sewerage system has not been touched. Try to pay off your debts, as time will pass before you go to court.

Maximum

Russia, Kazan

09/03/2017 at 15:40

Subject of the question: The management company filed a lawsuit
Hello! The management company sued me and the bailiffs seized all my accounts and even my grandfather’s accounts, my pension account was seized, what can be done in such a situation?

Hello! Grandfather's accounts were seized absolutely illegally! Besides you, he also has grandchildren and granddaughters! It is necessary to reasonably appeal to a superior person, as well as to the court! I was glad to help you! Good luck in all your endeavors and in protecting your rights!

Hello. You can apply to cancel the court order, the court will cancel it. However, it should be noted that the obligation to pay for housing and utility services lies with the owners and persons jointly registered with them. So the debts will still have to be paid.

Oleg Nikolaevich

Russia, Yekaterinburg

09/03/2017 at 06:41

Subject of the question: The management company filed a lawsuit
The situation is this: I paid all my utility debts, but it turns out that the management company filed a lawsuit for these debts and how can I cancel the court decision if it is already with the bailiffs.

Good afternoon. Most likely, a court order was issued; it is issued without summoning the parties and without trial. You have the right to cancel this Court Order. To do this, you need to write your objection and send it to the court that issued the Court Order. If everything is done correctly, it will definitely be cancelled. It is imperative to cancel the Court Order, otherwise you will get a debt that is not clear by whom and how it was calculated. Just don’t try to cancel the Court Order yourself. If you make a mistake, there will be nothing you can do to correct it! Contact a lawyer on our website personally or write to him by email. mail (usually it is indicated under the answer), he will help draw up such an objection to the Court Order and give the necessary explanations.

Most likely, in your situation, a court order was issued. And for this, you should, in accordance with Article 129 of the Civil Procedure Code of the Russian Federation, bring your objections to the cancellation of the court order. Make a note from the magistrate that the application was accepted. Take a copy and write an application to the bailiff to suspend the enforcement proceedings while your objections are considered in court

Russia, Baykalsk

08/12/2017 at 15:02

Subject of the question: The management company filed a lawsuit
Hello! I am the owner of a one-room apartment, but I do not live there and am not registered. At the moment, the ex-wife lives there (the ex-wife and 22-year-old daughter are registered). Since October 1, 2016, she has not paid the rent, the debt has accumulated. The management company filed a lawsuit, an order was received to pay the debt... Who should pay off the debt? What actions can be taken? (evict,) If she doesn’t have a debt, I can sell her by paying off the debt.

Good afternoon The owner is obliged to pay for utilities, so the court decision was made specifically against you. As for your registered relatives, you have the right to write them out if they do not have the right to reside in this apartment. You can sell the apartment and pay off the debt, since if you sell, the debt will be yours in any case.