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I received a letter from a debt collection lawyer. Is this true or not?
1. A lawyer's letter refers to a professional legal document produced and issued by a lawyer who accepts the entrustment of a client, discloses and evaluates relevant facts or legal issues, and then makes a request to achieve a certain effect.
2. Lawyers use lawyers' letters to make legal evaluation and risk assessment of a fact, with the purpose of letting clients know the legal facts and get their own "legal evaluation", that is, "conveying the law and expressing the meaning" through the legal scale and the lawyer's judgment. Its essence is a legal act of entrusting an agent to express his will, which plays an important role in safeguarding the legitimate rights and interests of the parties.
3. There are two levels of legal relationship, one is the authorized relationship between lawyer and client, and this level is the core legal relationship. The second is the legal relationship between lawyers and clients. A lawyer's letter shall, according to the reasonable requirements of the client, give a notice to the other party or explain the reasons to the client within an appropriate scope, so that the client can make a decision.
Extended data:
Generally speaking, a lawyer's letter has the following functions:
1. The lawyer's letter can recover the creditor's rights such as the payment owed by the entrustment in a convenient way. In commercial activities, the situation of default in payment for goods occurs from time to time. If it is solved directly through litigation, it will not only take a long time, but also lose customers. If the seriousness of the problem is pointed out to the customer through a lawyer's letter, the customer will consider solving the adverse consequences through litigation and will repay the arrears.
2. Before filing a lawsuit or applying for arbitration, sending a letter through a lawyer can delay the limitation of action.
3. A letter from a lawyer can clarify the facts and stop illegal infringement. Lawyer's letter has the function of clarifying facts and deterring illegal acts, which is beyond the reach of ordinary business letters and folk letters.
4. Perform other statutory notification obligations with a lawyer's letter. There are many aspects in this respect, such as notifying and ratifying the agent's agency behavior, exercising the right of uneasy defense, exercising the right of defense at the same time, exercising the right of defense in advance, notifying the contract to be invalid, exercising the right of cancellation, etc. All parties have the right to complete the notification through a lawyer's letter.
5. Notify to terminate the contract. This is a right granted to the parties by the Contract Law. Based on the provisions of Articles 93, 94 and 96 of the Contract Law, the other party is notified that the contract will be terminated upon the arrival of the notice. If the other party disagrees, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract. However, if laws and administrative regulations require approval and registration procedures to terminate the contract, it cannot be terminated by a lawyer's letter.
References:
Lawyer's letter-Baidu encyclopedia
Contract Law-Baidu Encyclopedia
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