If you receive a letter from a lawyer because you don't pay back the arrears, you can take the following measures:
1, identify the authenticity of the lawyer's letter: if the bank does not pay back the money, then the lawyer's letter is generally true. But if it is an online loan, many lawyer's letters are handled by P-chart.
2. Contact with the lending institution: The role of the lawyer's letter is to remind the borrower that the lending institution is about to sue. At this time, you should take the initiative to contact the lending institution and show your willingness to repay with a good attitude, so that the lending institution will give up its intention to sue.
3. Repayment according to the negotiation result: After the lending institution promises not to sue, the borrower needs to repay the loan according to the agreement, otherwise the lending institution still has the right to sue.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 3 The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.
Article 117 Compulsory measures against acts that obstruct civil proceedings must be decided by the people's court. Any unit or individual who illegally detains others or illegally detains others' property to recover debts shall be investigated for criminal responsibility according to law, or be detained or fined.
What should I do if I receive a lawyer's letter in arrears?
1. loans overdue shall repay the loan in time after receiving the lawyer's letter.
2. The lawyer's letter has no legal effect, but only plays a role of supervision. Therefore, after receiving the lawyer's letter, it is enough to actively prepare for responding to the lawsuit and actively repay the loan.
According to Article 675 of the Civil Law, the borrower shall repay the loan within the agreed time limit. If there is no agreement or unclear agreement on the loan term, the borrower may return it at any time. The lender may urge the borrower to return it within a reasonable period of time.
What should I do if I receive a lawyer's reminder?
A lawyer's letter refers to a professional legal document made and issued by a lawyer to disclose and evaluate relevant facts or legal issues, and then make a request to achieve a certain effect.
A lawyer uses a lawyer's letter to make a legal evaluation and risk assessment of a fact, with the purpose of informing the client of the legal facts with the legal scale and the lawyer's judgment, so that the client can get his own "legal evaluation", that is, "conveying the law to express his own meaning". Its essence is a legal act of entrusting an agent to express his will, which plays an important role in safeguarding the legitimate rights and interests of the parties.
Upon receipt of the dunning lawyer's letter, it shall be handled according to the following circumstances:
1. If the amount actually not owed or owed is wrong, it shall be explained to the lawyer who issued the lawyer's letter in time, and the corresponding evidence shall be provided as far as possible for the lawyer to verify.
2. If the arrears are actual and the amount is correct, you should contact a lawyer in time and actively repay. If it is difficult to repay in one lump sum, you can also negotiate with your lawyer to repay in installments.
If the lawyer's letter is ignored, the other party may bring a lawsuit to the court, which may cause losses such as legal fees and interest on arrears, and may also have a negative impact on personal credit, so it is better to deal with it actively.
legal ground
Article 123 of the Civil Procedure Law stipulates that the people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
What if I receive a letter from a lawyer?
1. After receiving the overdue lawyer's letter, verify the authenticity of the lawyer's letter; 1. Verify whether the contents in the lawyer's letter are true. If you make something out of nothing, you don't have to pay attention to it. After verifying the authenticity of the content, it is also necessary to check whether the law firm that sent the letter really exists and whether the signature and logo on the letter are fraudulent. If all the above contents are correct, friends can also call directly to verify the authenticity again through the contact information of law firm and attorney shown in the lawyer's letter. Finally, in order to prevent the phone number on the lawyer's letter from being tampered with, friends can also search the official website, the Municipal Lawyers Association or the judicial bureau where the law firm is located online. Inquire about the contact information of law firms or lawyers through official website. Contact directly to verify.
2. The lawyer's letter is false. Go directly to the Bar Association or the Judicial Bureau to complain, because it involves the possibility of fraud.
3. If the lawyer's letter is true, contact the platform or lawyer as soon as possible and pay off the arrears within the date specified in the lawyer's letter.
Relevant regulations:
Article 676 of the Civil Code of People's Republic of China (PRC) where the borrower fails to repay the loan within the agreed time limit. Overdue interest shall be paid in accordance with the agreement or relevant state regulations.
Will there be a lawyer's letter when the car loan is overdue?
If the car loan is overdue, the worst consequence is that the bank will take back the car and auction it, and the car buyer will also have a bad record. Generally, after repeated collection, a lawyer's letter may be sent. The reconciliation function of lawyer's letter is its main purpose. It is for this reason that lawyer's letter is welcomed by more and more people. This kind of lawyer's letter urges the two parties to reach an out-of-court mediation agreement by notifying the other party to come, write or call for consultation within a specified time limit. However, it is necessary to specify the specific time limit and give the other party the necessary preparation time.
In addition, it is necessary to inform the other party of the consequences of overdue treatment, such as prosecution, termination of the contract, stop payment, stop supply, etc.