Lawyer letter
Mr. Xue xx:
Xxxxxx Law Firm accepts the entrustment of Yao xx (hereinafter referred to as "Ms. Yao") and assigns this lawyer to handle the private loan dispute between you and Ms. Yao according to law. In order to avoid unnecessary losses and adverse effects, I am writing to you as follows:
According to the materials provided by the client, you borrowed RMB10,000 from Ms. Yao on February 24, 2009, and issued a debit note to her.
According to the General Principles of the Civil Law of People's Republic of China (PRC) and the Contract Law of People's Republic of China (PRC), if there is no agreed repayment period for loans between citizens, the lender may demand repayment at any time, and the borrower shall fulfill the repayment obligations in a timely and comprehensive manner according to the requirements of the lender. Although Ms. Yao has urged this money many times, you haven't paid it back yet. Your refusal to repay the loan has violated the relevant laws and regulations of our country and infringed on Ms. Yao's legitimate property rights and interests.
In view of this, we solemnly ask you the following:
Please pay the loan principal of RMB10,000 yuan to Ms. Yao within three days from the date of receiving this lawyer's letter.
I hope you can fulfill your repayment obligations in good faith, otherwise we will file a lawsuit according to the authorization. At that time, you will not only repay the loan principal in full, but also bear the loan interest. Please handle it carefully to avoid litigation.
Hereby inform!
Xxxx lawyer office
Lawyer:
date month year
People's Republic of China (PRC) Lawyers Law
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Second, the legal conditions for debt collection.
First of all, there must be evidence to prove the existence of debt relationship. IOUs, trading contracts, bills of lading, receipts, bank records, audio-visual materials, etc. can all be used as evidence to prove the existence of debt relations.
Second, there must be the minimum information of the debtor. At present, the division and merger between companies are very common. Many companies use the opportunity of division or merger to change their names and residences, so that creditors can't find them and evade their debts. Some citizens often move their household registration, and they can't find anyone after a long time. Therefore, creditors must pay attention to retaining and collecting debtor's information. If the debtor is a company, it shall keep a copy of the company's business license, bank account, personal information of the company's legal person or person in charge and shareholders, etc. If the debtor is a natural person, it is necessary to keep a copy of his identity card and the name and address of his work unit.
Third, there must be enforceable clues to the debtor's property interests. Many debtors often claim that they are unable to pay their debts, but in fact they hide their property. For companies in debt, it is difficult to obtain their financial status, but they can get a general understanding of their operations and employees' income. For a natural person in debt, he can know the income of other employees in his unit and the consumption at home.
Fourth, we should pay attention to the provisions of the statute of limitations and create and retain evidence of the interruption of the statute of limitations.
From the above analysis, we know that if the creditor entrusts a lawyer to send a lawyer's letter to the debtor to recover the arrears, the lawyer's letter should include three parts: the title, the text and the last paragraph, and the title can be written as a lawyer's letter; The text includes the debtor's information, the purpose of sending a lawyer's letter, the facts and reasons for sending a lawyer's letter, and the legal consequences.