Legal analysis
Payment letter is a kind of reminder, which is a notice used by the payment unit or individual when the payment is overdue. The documents commonly used by enterprises in the collection of accounts receivable have both commercial nature and legal connotation. Generally, it refers to the letter sent by the payee asking the other party to pay when the other party owes money. Reminder letters can play the role of interrupting the limitation of action. Generally, there is a three-year limitation of action in civil litigation in all countries. However, if the parties claim rights, they can interrupt the limitation of action, recalculate the three-year period, and send a reminder letter as one of the ways to claim rights, so they can interrupt the limitation of action and extend the time of litigation. The purpose of the reminder letter issued by the lawyer is to explain the legal facts and advantages and disadvantages, so that the client can get his own legal evaluation through the judgment of the law and the lawyer. Generally speaking, a lawyer's letter is a lawyer's legal evaluation and risk assessment of facts. Lawyer's letter is a lawyer's legal evaluation and risk estimation of a fact, aiming at legal scale and lawyer's judgment. The lawyer's reminder letter is a kind of lawyer's letter, which must be signed and sealed by the lawyer. The representative is legally responsible for this letter. If not, forge it. You can report the case to the public security organ and hold the client and lawyer accountable.
legal ground
Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.