First, the definition and function of lawyer's collection letter
A lawyer's collection letter refers to a formal letter sent by a lawyer to the debtor, entrusted by the creditor, requesting to perform the debt or take other legal measures in accordance with relevant laws, regulations and contract stipulations. Its main function is to legally and effectively recover debts from debtors and safeguard the legitimate rights and interests of creditors through lawyers' professional status and legal means.
Second, the legal effect of the lawyer's collection letter
The lawyer's collection letter has legal effect, which is mainly reflected in the following aspects:
Proof function: As a formal letter sent by lawyers on behalf of creditors, the lawyer's collection letter has the legal proof function. It can be used as strong evidence for creditors to claim rights and prove the existence of debts, and provide strong support for subsequent legal proceedings or arbitration.
Urgency: The lawyer's collection letter can urge the debtor by clearly informing him of the debts to be performed and the legal consequences. After receiving the dunning letter, the debtor usually takes the debt seriously and performs it as soon as possible to avoid possible legal disputes and adverse consequences.
Warning function: the issuance of the lawyer's collection letter also conveys to the debtor the determination and attitude of the creditor to take legal measures to solve the debt dispute. This helps to warn debtors to take the debt problem seriously and avoid evading or delaying the performance of debts.
Third, the lawyer's collection letter sent and matters needing attention
Lawyers should pay attention to the following points when sending a lawyer's collection letter:
Ensure that the contents of the letter are true, accurate and complete, and avoid false statements or misleading information.
Strictly abide by laws and regulations and lawyers' professional ethics, and do not use intimidation, threats and other improper means to collect money.
In the letter, clearly inform the debtor of the debts to be performed, the time limit for performance and the legal consequences, and provide reasonable solutions and suggestions.
To sum up:
As a formal letter sent by a lawyer on behalf of creditors, the lawyer's collection letter has legal effect. It carries out legal and effective debt collection for debtors through the functions of proof, reminder and warning. When sending a lawyer's collection letter, a lawyer shall ensure that the contents of the letter are true, accurate and complete, and abide by laws, regulations and professional ethics. Collecting debts through reasonable and legal means is helpful to safeguard the legitimate rights and interests of creditors and promote the proper settlement of debt disputes.
Legal basis:
People's Republic of China (PRC) Lawyers Law
Article 28 provides that:
Lawyers can 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.
Contract law of the people's Republic of China
Article 60 provides that:
Both parties shall fully perform their respective obligations in accordance with the agreement.
The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.