Collection of utility bills. Objection to the statement of claim for the recovery of arrears in payment for housing and utilities

Justice of the Peace Court District
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PLAINIT:
K.V.A.,
<адрес извлечен>

RESPONSIBLE:
K.N.A.,
M.O.V.
registered and living at:
<адрес извлечен>

STATEMENT
on the recovery of expenses for the maintenance of a residential building and payment of utility bills

PRICE OF THE CLAIM: 68144.60 (sixty-eight thousand one hundred and forty-four rubles 60 kopecks) rubles.
K.V.A. (hereinafter the Claimant) on the basis of a donation agreement dated 06/29/19__, registered at the BTI I. of the City Council, owns a residential building and a land plot located at:<адрес извлечен>(a copy of the donation agreement is attached to the statement of claim).

In addition to the plaintiff, the following citizens are registered in the residential building: ex-wife– K.N.A. and daughter - K. (M.) O.V. (hereinafter referred to as the Defendants). This is confirmed by the information contained in the house book (a copy is attached to the statement of claim).

06/20/20__, the marriage between the plaintiff and K.N.A. was terminated on the basis of the decision of the magistrate of the judicial district<адрес извлечен>from 09.06.2006. Civil Registry Division of the Civil Registry Office<адрес извлечен>.

On March 22, 2008, a record of the act of dissolution of marriage No. 116 was drawn up and a certificate of divorce No. No. was issued (a copy of the certificate is attached to the statement of claim).

08/30/2003 K.O.V. married and by marriage changed her surname from K. to M.. After the marriage Myasoedova O.V. lived in the plaintiff's home for some time.

In September 2008 M.O.V. left for employment in St. Petersburg, and then with her husband moved to the city of Surgut, Khanty-Mansiysk Autonomous Okrug (the exact address of her place of residence is not known to me). There she lived in an apartment under a contract of employment.

From 16.06.2009 M.O.V. lives in a residential building owned by the plaintiff.
After marriage, M.O.V. ceased to be a member of the plaintiff's family, as well as her mother, K.N.A. Living in a residential building, the plaintiff and defendants were obliged to jointly and severally bear all the costs of maintaining the residential building and utility bills ( Electric Energy, drinking cold water and sewerage, gas, garbage disposal), but these expenses were borne only by the plaintiff alone.

From June 2006 to June 2009 the amount of expenses amounted to 102,216.90 (one hundred two thousand two hundred and sixteen rubles 90 kopecks) rubles. Claims are supported by documents:

• Information on the calculations of the subscriber K.V.A. on personal account No. 41108 for electric energy (a copy is attached to the statement of claim);
• Information on the calculations of the subscriber K.V.A. on personal account No. 41108 for garbage collection (a copy is attached to the statement of claim);
• Information on the calculations of the subscriber K.V.A. on personal account No. 41108 for water and sewerage (a copy is attached to the statement of claim);
• Information on the calculations of the subscriber K.V.A. on personal account No. 41108 for gas (a copy is attached to the statement of claim);
• Copies of receipts for payment through the ERCC MP housing and communal services IMR for the period from June 2008 to June 2009 (copies are attached to the statement of claim).

Establishes that the protection of civil rights is carried out by: ... compensation for damages ...
In accordance with Part 1 of Art. 15 of the Code of Civil Procedure of the Russian Federation "A person who has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount."

The provisions of paragraph 1 of Art. 209 of the Civil Code of the Russian Federation provides that the owner of a dwelling has the right to own, use and dispose of his property, and in accordance with paragraph 2 of this article, the owner has the right, at his discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violating the rights and legally protected interests of other persons.

In accordance with Part 2 of Art. 31 of the Housing Code of the Russian Federation, paragraph 1 of Art. 292 of the Civil Code of the Russian Federation, members of the family of the owner of a dwelling have the use of this dwelling on an equal basis with its owner.

In accordance with part 4 of Art. 60 of the Family Code of the Russian Federation: “... The child does not have the right to own the property of the parents, the parents do not have the right to own the property of the child. Children and parents living together may own and use each other's property by mutual agreement.

Part 3 Art. 31 of the Housing Code of the Russian Federation establishes that members of the family of the owner of a dwelling, who are legally capable and limited in their capacity by a court, shall be jointly and severally liable with the owner for the obligations arising from the use of this dwelling, unless otherwise established by agreement between the owner and members of his family.

Despite the termination family relations with the defendants, the plaintiff, as the owner, left the residential building belonging to him for use, and thereby did not violate their rights as former members of his family.

Indeed, Part 4 of Art. 31 of the Housing Code of the Russian Federation in the event of termination of family relations with the owner of the dwelling, the use of this dwelling by the former family member of the owner of this dwelling is not preserved, unless otherwise established by agreement between the owner and the former member of his family.

Therefore, the defendants, as former members of the plaintiff's family who retained the use of the residential building, had equal rights with the plaintiff to use the residential building, and accordingly they also had a joint and several obligation with the plaintiff to pay the costs of maintaining the residential building and paying utility bills.

Installs:
1. Citizens and organizations are obliged to timely and fully pay for housing and utilities.
2. The obligation to pay for housing and utilities arises from:
... 5) the owner of the dwelling from the moment the right of ownership to the dwelling arises, and
-
1. Payment for housing and utilities is paid monthly until the tenth day of the month following the expired month, unless a different period is established by the apartment building management agreement.
2. Payment for housing and utilities is paid on the basis of payment documents submitted not later than the first the day of the month following the expired month, unless a different period is established by the apartment building management agreement.
9. Owners of residential buildings pay for services and works for their maintenance and repair, as well as pay for utilities in accordance with agreements concluded with persons engaged in relevant activities.
11. Non-use by owners, tenants and other persons of premises is not a reason for non-payment of payment for residential premises and utilities.

However, the defendants did not comply with this obligation, and do not comply at the present time. Payment for cold water and sewerage, gas, garbage disposal was and is being made by the plaintiff based on the number of persons living in a residential building, and payment for electricity according to the readings of the electricity meter. K.N.A. and M.O.V. each of them were obliged to pay 1/3 of the expenses from the amount of 102,216.90 (one hundred two thousand two hundred and sixteen rubles 90 kopecks) rubles, that is, for:
102216.90 rubles x 1/3 = 34072.30 (thirty-four thousand seventy-two rubles 30 kopecks) rubles.

When the plaintiff offered them to pay 2/3 of these expenses, the defendants refused. Therefore, the plaintiff shall recover the expenses incurred by him from the defendants in the amount of 68,144.60 (sixty-eight thousand, one hundred and forty-four rubles 60 kopecks) rubles in judicial order.

When filing a claim, the plaintiff paid a state fee in the amount of 1,970.00 (one thousand nine hundred and seventy rubles 00 kopecks) rubles (the notice is attached to the statement of claim).
The last place of residence of the defendants known to the plaintiff is a residential building<адрес извлечен>.
In the order of pre-trial preparation on the basis of Article 57 of the Code of Civil Procedure of the Russian Federation, the plaintiff petitions the court for the reclamation of an extract from the register of acts of registration of marriage by the defendant M. (K.) O.The. on 08/30/2003, since the defendant refused to provide the plaintiff with a marriage certificate to submit it to.

The application is submitted by the plaintiff in accordance with Article 30 of the Code of Civil Procedure of the Russian Federation at the location of real estate - residential building No.<адрес извлечен>.

Based on the foregoing and guided by Art. Art. 12, 15, 209, 292 of the Civil Code of the Russian Federation and Art. 23, Art. 30, Art. 131 Code of Civil Procedure of the Russian Federation, Art. Art. 31, 153 and 155 of the LC RF,

1. Collect jointly and severally from the defendants - K.N.A. and M.O.V. in favor of the plaintiff – K.The.A. 2/3 of the cost of maintaining a residential building and utility bills (electricity, drinking cold water and sewerage, gas, garbage disposal) for the period from June 2006 to June 2009 in the amount of 68144.60 (sixty-eight thousand one hundred forty-four rubles 60 kopecks) ruble.
2. Collect jointly and severally from the defendants - K.N.A. and M.O.V. in favor of the plaintiff – K.The.A. the amount of 1970.00 (one thousand nine hundred and seventy rubles 00 kopecks) rubles paid by the state fee when filing a claim.
3. In the order of pre-trial preparation to demand from the department of registration of acts of civil status of the S. region for I. district an extract from the book of acts of registration of marriage by the defendant M. (K.) O.The. for 30.08.2003.

Application:
1. Copy of the statement of claim - 2 copies. for 2 liters;
2. A copy of the power of attorney - 3 copies. for 1 liter;
3. A copy of the donation agreement - 3 copies. for 1 liter;
4. Copy of the house book - 3 copies. for 3 liters;
5. A copy of the certificate of divorce - 3 copies. for 1 liter;
6. Copies of information on the subscriber's calculations 3 copies. for 4 liters;
7. Copies of receipts - 3 copies. on the
8. Receipt of payment of the state fee - 1 copy. for 1 liter;

__________________

To court

Respondent: _________ (full name) ____________

Respondent's representative: ___ (full name) ___

address: _______________________________,
telephone: _____________________________,
email mail: ____________________________

Plaintiff: ____________ (full name) ____________

address: _______________________________,
telephone: _____________________________,
email mail: ____________________________

Case N: _______________________________

Objection to statement of claim on debt collection
payment for housing and utilities

"__" _______ ___, in _________ court, the Claimant filed a statement of claim to recover from the Defendant the debt for payment for housing and utilities / for payment for the maintenance and repair of housing and utilities/ for payment of utilities for the period from "__" _______ ___ to "__" _______ ___ in the amount of _______ rubles ______ kopecks.
The Respondent is the owner of the residential premises located at: _______ (hereinafter referred to as the Residential Premises), which is confirmed by a certificate of ownership / an extract from the Unified State Register of Rights to Real Estate and Transactions with It N _____, issued by "___" ________ _____ / others documents.
OR
The defendant is the tenant of the residential premises located at the address: _______ (hereinafter referred to as the Residential Premises), which is confirmed by the contract social recruitment from _____ "___" ________ _____ N _____/other documents.
The defendant objects to the satisfaction of these claims on the following grounds.
— The Defendant paid for the Housing and utilities in a timely manner and within full size. This is evidenced by receipts for payment of rent / checks-orders confirming the payment of utility and other payments / receipts / payment receipts with attached unified payment documents for which payment was made / without unified payment documents / other documents.
By virtue of h. 1 Article. 153 of the Housing Code of the Russian Federation, citizens and organizations are required to timely and fully pay for housing and utilities.
According to part 3 of Art. 30 LCD RF, Art. Art. 210, 290 of the Civil Code of the Russian Federation, the owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of premises in the corresponding apartment building, and the owner of a room in communal apartment also bears the burden of maintaining the common property of the owners of rooms in such an apartment, unless otherwise provided federal law or by agreement. In accordance with Part 2 of Art. 154 of the Housing Code of the Russian Federation, payment for residential premises and utilities for the owner of premises in an apartment building includes: apartment building; 2) contribution for capital repairs; 3) utility bills.
OR
According to part 3 of Art. 67 of the Housing Code of the Russian Federation, the tenant of a dwelling under a social tenancy agreement is obliged, among other things, to pay for the dwelling and utilities in a timely manner. In accordance with Part 1 of Art. 154 of the Housing Code of the Russian Federation payment for residential premises and utilities for a tenant of residential premises occupied under a social tenancy agreement or a contract for the rental of state or municipal residential premises housing stock, includes: 1) payment for the use of residential premises (rent); 2) payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance and current repairs of common property in an apartment building. Overhaul common property in an apartment building is held at the expense of the owner of the housing stock; 3) utility bills.
By virtue of h. 4 Article. 154 of the Housing Code of the Russian Federation, payment for utilities includes payment for hot water supply, cold water supply, sewerage, electricity supply, gas supply (including domestic gas supplies in cylinders), heating (heat supply, including solid fuel supplies in the presence of stove heating).

— The Respondent regularly makes payments for the Residential Premises and utilities in accordance with the requirements of the Housing Code of the Russian Federation at prices approved by the Government of Moscow. This is evidenced by the Respondent's payment receipts/calculation of debt submitted by the Claimant, which does not contain Exact size arrears in payment of utilities, its constituent parts, collection period, legal justification for the calculation / other documents. In the apartment building in which the Residential Premises are located, no HOA, housing cooperative or other specialized consumer cooperative has been created, and the amount of payment for the maintenance and repair of the Residential Premises in the house has not been approved at the general meeting of the owners of the premises in the house.
According to part 7 of Art. 156 of the Housing Code of the Russian Federation, the amount of payment for the maintenance and repair of residential premises in an apartment building in which an association of homeowners or a housing cooperative or other specialized consumer cooperative is not established is determined at a general meeting of owners of premises in such a house, which is held in the manner prescribed by Art. Art. 45 - 48 LCD RF. The amount of payment for the maintenance and repair of residential premises in an apartment building is determined taking into account the proposals of the managing organization and is established for a period of at least one year.
By virtue of h. 4 Article. 158 of the Housing Code of the Russian Federation, if the owners of premises in an apartment building at their general meeting did not decide to establish the amount of payment for the maintenance and repair of residential premises, such an amount is established by the local government (in the constituent entities Russian Federation- the federal cities of Moscow, St. Petersburg and Sevastopol - by the state authority of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local governments of intracity municipalities).
According to Part 1 of Art. 155 of the Housing Code of the Russian Federation, payment for residential premises and utilities is paid monthly until the tenth day of the month following the expired month, unless a different period is established by the apartment building management agreement or by a decision of the general meeting of members of a homeowners association, housing cooperative or other specialized consumer cooperative established in in order to meet the needs of citizens in housing in accordance with the federal law on such a cooperative.
— The Respondent partially repaid the debt for payment for the Residential Premises and utilities to the Claimant, which is confirmed by receipts / payment orders for payment of the debt (part of the debt) of the Respondent / other documents.
- The calculation of the Respondent's debt presented by the Claimant does not take into account payments collected from the Respondent by decision of ________ court dated "__" _______ ___ N _____, which entered into force, for the period from "__" _______ ___ to "__" _______ ___ This is evidenced by the calculation of the Respondent's debt presented by the Claimant for the period from "__" _______ ___ to "__" _______ ___ / decision ________ of the court dated "__" _______ ___ N _____, which entered into force, on the recovery from The defendant's arrears in payment for housing and utilities for the period from "__" _______ ___ to "__" _______ ___ / other documents. The Claimant did not submit to the court a new calculation of the Respondent's debt, which takes into account the payments collected from the Respondent under the specified decision of ______ court dated "__" _______ ___, N _____.
— Claimant's claim for debt collection covers the period for which Claimant previously sought to recover debt in court, and such a claim was denied. This is confirmed by the decision of the _______ court dated "__" _______ ___ N _____, which entered into force, which was denied satisfaction of the Claimant's claims for the recovery of debt from the Respondent for payment for housing and utilities for the period from "__" _______ ___ . according to "__" _______ ___ / other documents.
- The plaintiff missed the limitation period for claiming debt collection for the period from "__" _______ ___ to "__" _______ ___
The statement of claim for the recovery of debt from the Respondent for payment for residential premises and utilities / for payment for the maintenance and repair of residential premises and utilities / for payment of utilities was filed by the Claimant on "__" _______ ___. The calculation of the Respondent's debt submitted by the Claimant covers the period from "__" _______ ___ to "__" _______ ___ Thus, for the debt for the period from "__" _______ ___ to "__" _______ ___, the limitation period has expired.
In accordance with Part 1 of Art. 196 of the Civil Code of the Russian Federation general term The limitation period is three years from the date determined in accordance with Art. 200 of the Civil Code of the Russian Federation. According to paragraph 1 of Art. 200 of the Civil Code of the Russian Federation, unless otherwise provided by law, the limitation period begins from the day when the person knew or should have known about the violation of his right and about who is the proper defendant in the claim for the protection of this right. By virtue of paragraph 2 of Art. 200 of the Civil Code of the Russian Federation for obligations with a certain period of performance, the limitation period begins at the end of the period of performance. In accordance with paragraph 2 of Art. 199 of the Civil Code of the Russian Federation, the expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court to issue a decision to dismiss the claim.
Based on the foregoing, guided by Art. Art. 196, 199, 200, 210, 290 of the Civil Code of the Russian Federation, Art. Art. 30, 67, 153 - 156, 157, 158 of the Housing Code of the Russian Federation, paras. 2 hours 2 tbsp. 149 of the Civil Procedure Code of the Russian Federation,

In satisfaction of the Claimant's claims for the recovery from the Respondent of the debt for payment for residential premises and utilities / for payment for the maintenance and repair of residential premises and utilities / for payment of utilities for the period from "__" _______ ___ to "__" _______ ___ d. in the amount of _______ rubles ______ kopecks to refuse.

Applications:
1. Evidence confirming the Respondent's rights to the Residential Premises: a copy of the certificate of ownership of the Residential Premises dated "___" ______ ___. N ___ / copy of an extract from the Unified State Register of Rights to Real Estate and Transactions with it N _____, issued on "___" ________ _____ / copy of the social contract of employment dated _____ "___" ________ _____ N _____ / copies of other documents.
2. Documents confirming the full and timely payment by the Respondent of payment for the Residential Premises and utilities: receipts for payment of rent / checks-orders confirming the payment of utility and other payments / receipts / payment receipts with attached unified payment documents for which payment was made / without unified payment documents / other documents.
3. Documents confirming the regular payment by the Respondent of the Residential Premises and utilities at prices approved by the Government of Moscow: payment receipts / calculation of the Respondent's debt, submitted by the Claimant, which does not contain the exact amount of debt for payment of utilities, its constituent parts, the collection period , legal justification for the calculation / other documents.
4. Documents confirming partial repayment of arrears in payment for the Residential Premises and utilities to the Claimant: receipts / payment orders for payment of the debt (part of the debt) of the Respondent / other documents.
5. Documents confirming that the calculation of the Respondent's debt, submitted by the Claimant, does not take into account the payments collected earlier: the calculation of the Respondent's debt submitted by the Claimant for the period from "__" _______ ___ to "__" _______ ___ / decision _______ district court dated "__" ______ ___ N _____, which entered into force, on the recovery from the Respondent of the debt for payment for housing and utilities for the period from "__" _______ ___ to "__" _______ ___ / other documents .
6. Documents confirming that the Claimant's claim for debt collection covers the period for which the Claimant had previously demanded to recover the debt in court, and such a claim was denied: decision _______ of the court dated "__" _______ ___ g. N _____, entered into legal force, which was denied the satisfaction of the Claimant's claims to recover from the Respondent the debt for payment for housing and utilities for the period from "__" _______ ___ to "__" _______ ___ / other documents.
7. Documents confirming that the Claimant missed the limitation period: a statement of claim dated "__" _______ ___ / calculation of the Respondent's debt for the period from "__" _______ ___ to "__" _______ ___ / other documents.
8. Power of attorney of the representative from "___" _________ ____, N ______ (if the objection is signed by the defendant's representative).

"___" __________ ____ G.

Respondent (representative):

_________________/_______________________________/
(signature) (full name)

To ____________________________ District Court

Claimant: _________________________________

E-mail address:________________

Plaintiff's representative: ___________________
(data subject to Article 48 of the Civil
procedural code
Russian Federation)
address: ________________________________,
telephone: ______________________________,
E-mail address: ________________

Respondent: ______________________________
(Full name of the participant in shared ownership)
address: ________________________________,
telephone: ______________________________,
E-mail address: _______________

Price of the claim: ______________________ rubles
State duty: ____________________ rubles

STATEMENT OF CLAIM

for the recovery of a debt from a co-owner
for utility bills

Residential premises with a total area of ​​____ sq. m, living area _____ sq. m at the address: ________________________________________,

cadastral number ____________________________, is in the common shared ownership of the Claimant and the Respondent, which is confirmed

_____________________________________________________________________________________________________________________.

The shares of the Claimant and the Respondent are equal. The amount of payment for utilities is _______ (____________) rubles per month.

Thus, the Claimant and the Respondent pay monthly utility bills in the amount of _________ (___________) rubles each.

Based on Art. 249 of the Civil Code of the Russian Federation, each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments for common property, as well as the costs of its maintenance and preservation.

However, in the period from "___" __________ ____ to "___" ____, the Defendant did not pay utility bills, the Plaintiff did not pay money for their

did not provide payment, which is confirmed by ______________________________. To avoid adverse effects all accounts

in the amount of ___________ (________) rubles was paid by the Claimant.

By virtue of paragraph 1 of Art. 322 of the Civil Code of the Russian Federation, a joint and several obligation (liability) or a joint and several claim arises if the solidarity of the obligation or claim is provided for by the contract or established by law, in particular, if the subject of the obligation is indivisible.

For payment of utilities, the Claimant and the Respondent are joint and several debtors.
On the basis of paragraphs. 1 p. 2 art. 325 of the Civil Code of the Russian Federation, unless otherwise follows from the relationship between joint and several debtors, the debtor who has fulfilled the joint and several obligation has the right of recourse claim against the rest of the debtors in equal shares, minus the share falling on him.

The amount of the Respondent's debt is _______ (_____________) rubles (calculation is attached), which is confirmed by _________.

The claim (claim) of the Claimant from "___" _________ ____ N _____ to repay the debt for payment of utilities The Respondent voluntarily

dissatisfied, citing _______________________________________________________________________________________________
(reasons for refusal)
(or: remained unanswered), which is confirmed by _____________________.

In accordance with the foregoing and on the basis of Art. 249, paragraph 1 of Art. 322, paras. 1 p. 2 art. 325 of the Civil Code of the Russian Federation, guided by Art. Art. 131 - 132 of the Civil Procedure Code of the Russian Federation,

I BEG:

1. Collect from the Respondent in favor of the Claimant the amount of the debt for payment of utilities in the amount of _________ (______) rubles.
2. To collect from the Respondent in favor of the Claimant the costs of paying the state fee in the amount of ______________ (____________) rubles.

Application:
1. Copies of title documents of the Claimant for a share in the right common property to a living space.
2. A copy of an extract from the Unified State Register of Rights to Real Estate and Transactions with it dated "___" ____________, N ___.
3. Copies of utility bills paid by the Plaintiff.
4. Calculation of the amount of claims.
5. A copy of the claim (claim) of the Plaintiff from "___" __________ ____, N ___.
6. Evidence of the Respondent's refusal to satisfy the claim (claim) of the Plaintiff.
7. Copies of the statement of claim and documents attached to it to the Respondent.
8. A document confirming the payment of the state fee.
9. Power of attorney of the representative dated "___" ____, N ___ (if the statement of claim is signed by the Claimant's representative).
10. Other documents confirming the circumstances on which the Plaintiff bases his claims.

"___"__________ ____ G.

Claimant (representative):

________________/__________________________________________
(signature) (full name)