Do I have to send a reminder by a lawyer?

Reminder letters don't have to be sent by lawyers. The dunning letter can be written by yourself and sent to the other party, or written by a lawyer and sent by a lawyer. Both methods are effective. Sending a reminder letter by yourself cannot interrupt the limitation of action. For example, if you don't keep your own copy, send it by express delivery, and write the name of the mailing document on the express delivery form, you can't interrupt the limitation of action. The overdue payment reminder is a dunning tool, which is a notice used by the payer or individual when the payment is overdue. Enterprises will also receive dunning letters when they collect accounts receivable, but generally it refers to the letter sent by the payee asking the other party to pay when the other party is in arrears in business. A dunning letter can interrupt the limitation of action, which generally has a limitation of three years. However, if the parties claim their rights, they can interrupt the prescription and recalculate for three years. Sending a reminder letter is also one of the ways to claim rights, which can interrupt the prescription and prolong the litigation time.

Article 171 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If an actor acts as an agent after he has no power of attorney, exceeds his power of attorney or terminates his power of attorney, it will not be effective to the principal without ratification by the principal. The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice. If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies. If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.

What should I do if the debtor refuses the dunning letter?

The debtor refused the reminder letter and suggested that the creditor sue for settlement. The significance of dunning letter is to convey the meaning of dunning to the debtor, which is a way to claim creditor's rights. If the debtor refuses to sign for it, it can show that the debtor does not pay his debts. In this case, the creditor is advised to sue the debtor in time and apply for property preservation to prevent the debtor from maliciously transferring the property. The court with jurisdiction is usually the defendant's domicile.