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".
Lawyer's letter is essentially 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. However, the lawyer's letter is not really effective and needs the approval of the court. If the court does not recognize it, it is invalid.
The lawyer's letter must be signed and sealed by the lawyer, and the representative is legally responsible for this letter. If not, forge it. In case of threats, intimidation, losses, etc. , can report to the public security organs, shall be investigated for the responsibility of the parties and lawyers.
Article 214 of the Civil Procedure Law of People's Republic of China (PRC), if a creditor requests the debtor to pay money or securities, it may apply to the grassroots people's court with jurisdiction for a payment order if it meets the following conditions:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based. Article 216 After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance.
If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court. If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution. Article 242 If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.