CONSULTANT MOBILE APPENDIX. CURRENT ISSUES ARISING FROM BUILDING
Every citizen can have problems every day that need the help of a lawyer. Effective resolution of the legal situation / problem requires immediate resolution. Did you call a law firm for advice, but are all lawyers busy?
You can use the Consultant mobile application. You will receive a prompt response from qualified lawyers from all over Ukraine and save your own money.
Let’s consider one of the questions that was asked by the Client – «The neighbor from below is flooded. Representatives ZhEKU and two neighbors made an act, but without me and in my apartment did not enter. I have everything dry, there were no breakthroughs in the apartment and no. Last month, I was sued, they want 140 thousand UAH for repair. Proof is just an act they made without me. What should I do?! How can I prove that I am innocent? “
7 consultants provided a qualified answer to this question.
Consultant # 1 – “You can appeal the act of flooding because they were not present during this procedure and the members of the commission did not inspect the place where the flood was (ie your apartment) and this could be a circumstance indicating the bias of information in the act and incomplete study of the situation. You can also claim that you are not the proper defendant, since the flood was due to a third party. In this case, you need the expert’s opinion that a third party is guilty. To do so, apply for a comprehensive examination with the participation of the Bureau of Forensic Expertise or with the participation of a private company. If you prove that the flooding was due to the fault of a third party, then this person will be compensated for the damage to the neighbors, because Part 2 of Art. 1166 of the Civil Code of Ukraine says: “The person who caused the damage shall be released from his compensation if he proves that the damage was not caused by his fault.” I wish you luck! ”
Consultant # 2 – “First, you will need legal assistance at both the pre-trial and court stages, with this I can help you if you are in Kyiv or the region. Second, ideally one should see the Act itself. Attempts to confirm involvement in a spate of Acts that do not describe the perpetrator of your apartment as the culprit are absurd. The pouring act must contain information about what exactly caused the culprit to pour into the apartment. The fault in the flood can be not only from the residents, but also from the ZhEKU itself, caused by untimely repair of water supply systems. ”
Consultant # 3 – “We recommend that you make your own act, or better, carry out a construction and technical examination, which will confirm that there were no technical damages in the territory of your apartment which could have caused the consequences stated in the lawsuit. After that you need to write a response to the lawsuit and attach this act or expertise. With this package, the court wins 90 percent of the money in advance. Additionally, you can claim compensation for the lawyer if you decide to hire him. As a result, those who have filed a lawsuit will pay you a lawyer. If you need help, call for help. “
Consultant # 4 – “You need to contact a lawyer to file a statement of claim and represent your interests in court. Please be happy to help. ”
Consultant # 5 – “And who concluded that it was your fault and your apartment that flooded? It is necessary to consult with the person authorized in the housing and communal sphere, or to the private person, namely the plumber, to give an assessment, a conclusion on the fact of flooding, the reasons and who is to blame, that is, from whose fault and source from where the flood occurred, to confirm it. , then seek the assistance of a lawyer for legal support. ”
Consultant # 6 – “First of all, they needed to call the police to fix the situation. They apparently did not, and therefore their act is not valid. The apartment should be inspected by police and a community service representative. Thereafter, there must be an official estimate of the amount needed to repair the repair. In this case, the “sum from the head” is not accepted. The chances of winning are zero. What you need to do: 1) read the claim yourself or with the help of a lawyer; 2) write objections citing legislation. 3) to appear in court; »
Consultant # 7– “If the flood was not recorded and the place from which the flood was allegedly taken place was not inspected, there is little chance for the victims to achieve anything. I advise to go to court or hire a qualified lawyer. ”
Thus, the Client has received full legal assistance within one hour regarding his situation and can immediately begin to counteract and defend his rights on his own.