It is not certain how long it will take after receiving the lawyer’s letter before you will be sued, or even whether you will be sued or not. Issuing a lawyer's letter also has a purpose, which is to secure evidence. By issuing a lawyer's letter, it is necessary to solidify a certain breach of contract by the other party, point out the other party's breach of contract and certain consequences to be borne. Under normal circumstances, the lawyer's letter must be used as evidence.
Legal Analysis
How long will it take to sue after receiving the lawyer's letter: If the lawyer's letter is still not fulfilled after receiving the lawyer's letter, it depends on whether the other party decides to sue. If so, it will be very soon. What should you do after receiving an infringement warning letter/attorney's letter or an infringement complaint? After receiving an infringement warning letter or complaint from the patentee, the party should first take it seriously, and secondly, distinguish it carefully. If it is not his fault, he can respond Explain, but with corresponding evidence. If you did it yourself, you must carefully analyze whether the patent infringement is established. A lawyer's letter is an advance notice indicating that one party to the dispute is preparing to litigate the dispute between the two parties. The lawyer's letter itself will not have legal consequences, it is just a warning. If you don’t want to go to court, discuss with the other party how to resolve the dispute after receiving the lawyer’s letter. If you think you have no problems and are not afraid of the other party suing, then you don't need to worry about the lawyer's letter. A lawyer's letter is an act of negotiation by the other party before filing a lawsuit. If the lawyer's letter is not fulfilled, the other party may sue to court. It depends on whether the other party decides to sue. If so, it will happen very quickly.
Legal Basis
"Civil Procedure Law of the People's Republic of China"
Article 119 Prosecution must meet the following conditions: (1) ) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) there is a clear defendant; (3) there are specific litigation claims, facts and reasons; (4) it falls within the scope of the people's court to accept civil litigation and It shall be under the jurisdiction of the people's court subject to the lawsuit.
Article 120: A complaint shall be submitted to the People's Court and copies shall be filed according to the number of defendants. If it is really difficult to write a complaint, the complaint can be filed orally, and the people's court will record it and inform the other party.
Article 113: If the person subject to execution maliciously colludes with others and evades the performance of the obligations specified in legal documents through litigation, arbitration, mediation, etc., the people's court shall impose a fine or detain him according to the seriousness of the case; If a crime is constituted, criminal liability shall be pursued in accordance with the law.