If you have been harassed, you can call the police directly, or you can ask a special lawyer to write a warning to the lawyer. Based on the facts and legal basis, the Lawyers Association, with the authorization of the client, solemnly informs the law firm to stop harassing, pestering, threatening and blackmailing immediately within 3 days from the date of receiving this lawyer's letter.
In the course of business activities, the creditor-debtor relationship often appears between operators. In order to realize the creditor's rights, creditors will take various forms of reminders, among which sending letters of reminders to creditors has become a very common and effective way in economic activities. A lawyer's letter refers to a professional legal document made and issued by a lawyer in the name of a law firm after accepting the entrustment of the client, disclosing and evaluating relevant facts or legal issues. There are many kinds of lawyer's letters, which can be divided into several types according to the problems to be solved and the purposes to be achieved: 1, urging, mainly to urge the third party to fulfill its obligations in time, such as the lawyer's letter for dunning accounts; 2, warning nature, mainly to stop or prevent the occurrence or continue to happen; 3. The nature of consultation is mainly to clarify or inform relevant facts, such as statements. ; 6. Letters from other lawyers. As a professional legal document, lawyer's letter has many functions and functions. The lawyer's letter is issued by a law firm and has no mandatory effect. However, due to the special status of law firms and lawyers, the role of lawyer's letter is incomparable to that of ordinary business letters. People who receive a lawyer's letter will generally pay more attention to it. Subconsciously, they think that the matters stated in the lawyer's letter have risen to the legal level, and the law and litigation are no longer far away from themselves. They will certainly conduct comprehensive analysis and consideration, which is conducive to the performance of their obligations. Specifically, it has several functions: first, the lawyer's letter can effectively interrupt the limitation of action. As many people know, the general debt will not be paid after more than two years. Although this understanding is not very correct, the law does stipulate that if the limitation of action exceeds two years, the right to win the lawsuit will be lost. In real life, there is a common debt dispute: the debtor has issued an iou, although the creditor has repeatedly advocated asking for the debt, but because he does not understand the legal provisions of the lawsuit, he has not collected relevant evidence for asking for the debt. Once the repayment period shown on the IOU exceeds two years, the debtor claims in court that it has exceeded the limitation of action. Although the court may have found out the fact of the arrears, it will also decide that the creditor will lose the case because it cannot provide evidence that does not exceed the limitation of action. The reminder letter is drafted by the lawyer and handed over to the third party under the guidance of the lawyer or in person. As a professional lawyer, he has many advantages over ordinary people in collecting evidence. Second, the lawyer's letter plays the role of courtesy before the soldiers. Without any warning, the debtor received a summons from the court. Some people who love face or have a certain prestige may become angry from embarrassment and adopt a negative or hostile attitude when performing their obligations, which is not conducive to the smooth realization of creditor's rights. Of course, this also needs to be treated in a specific situation. If the debtor may transfer the property, sending a lawyer's letter will play the role of informing the other party in advance, so it is not shooting yourself in the foot. Third, the lawyer's letter is a civilized, fast and economical urging tool. Everyone knows that the market economy is an economy ruled by law. In order to urge the other party to fulfill its contractual obligations, if improper urging measures are taken, it may sometimes violate the law, but it will fulfill reasonable proverbs. The lawyer's letter is delivered by express delivery, not directly terminated by a third party, thus avoiding unpleasant things. Courier fee is not only economical, but also faster than legal fees, lawyer service fees and long litigation road. Fourth, the lawyer's letter can also show the serious and professional attitude of the client.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 28 of the Lawyers Law of People's Republic of China (PRC).
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.
Forty-second "People's Republic of China (PRC) Public Security Management Punishment Law"
One of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.