If you receive a reminder letter from a lawyer, you should treat it positively and deal with it. The main function of a lawyer's letter is to remind you and warn you. If you don't pay back the money, the creditor will send a lawyer letter to urge you. If you don't pay back the money, the creditor may sue you and ask you to pay back the money. At that time, the court may enforce your property by discounting, selling, auctioning and other means, and you may be included in the list of people who have lost their trust.
When you receive a letter from a lawyer, you'd better study it carefully. First of all, don't panic. Generally speaking, after the lawyer's letter is sent, the final performance deadline will be written down. At the same time, if you don't pay back the money, it's a civil dispute, and you won't be investigated for criminal responsibility or go to jail. At the same time, if the creditor owes a loan and receives a lawyer's letter, and the debtor fails to perform the court's judgment during the performance period, the creditor may apply to the court for enforcement.
Matters needing attention in sending a lawyer's letter:
Before sending a lawyer's letter, you must obtain a valid authorization from the client. Lawyer's letter is a letter sent by the client, and its source of effectiveness is the client's entrustment. As far as the business classification of lawyers is concerned, it is generally a non-litigation entrusted matter. However, because the fees for lawyers' letters are generally not too high, some colleagues may try to save trouble and send lawyers' letters directly without going through the written entrustment procedure.
Whether it is a letter or a reply, it must be specific and accurate. The focus of the letter is to clarify the reasons for the request and the questions asked. The focus of the reply is to give clear and specific answers to the questions raised in the letter. Honest and direct. The writing of lawyer's letter is not a literary creation, not to arouse readers' imagination and try to figure out your true thoughts, so it is meaningless to beat around the bush in the writing of legal letter.
To sum up, if you receive a letter from a dunning lawyer, you should treat it positively. If the lawyer's letter serves as a reminder and warning, the creditor will send a lawyer's letter to urge you because you owe money.
Legal basis:
Provisions on Passport in Article 2 14 of the Criminal Procedure Law of People's Republic of China (PRC).
Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(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 2 15
After the creditor files an application, the people's court shall notify the creditor whether to accept it within five days.
Article 2 16
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.