Joke Collection Website - Public benefit messages - Do you have to go to court to send a lawyer's letter?
Do you have to go to court to send a lawyer's letter?
A lawyer's letter is not an indictment or a judgment. It just tells you the other person's attitude, requirements and so on.
When you receive a letter from a lawyer, you should respond positively and negotiate with the other party to solve it. If ignored, the other party may take the next step (prosecution). If the other party has sued, it can also be settled through consultation.
The key is to respond positively and collect evidence that is beneficial to you, whether it is negotiation or litigation, it will help you.
A lawyer's letter refers to a professional legal document made and issued by a lawyer to disclose and evaluate relevant facts or legal issues, and then make a request to achieve a certain effect.
A lawyer uses a lawyer's letter to make a legal evaluation and risk assessment of a fact, with the purpose of informing the client of the legal facts with the legal scale and the lawyer's judgment, so that the client can get his own "legal evaluation", that is, "conveying the law to express his own meaning".
The essence of lawyer's letter 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. It has two legal relationships:
1. The authorization-entrustment relationship between lawyer and client is the core legal relationship;
2. Legal relationship between lawyer and client.
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.
If you receive a letter from a lawyer, you need to be clear about the following points:
1. A lawyer's letter is an advance notice that one party to the dispute is going to sue you.
2, the lawyer's letter itself will not have legal consequences, just a warning.
If you don't want to go to court, discuss with the other party how to solve the dispute after receiving the lawyer's letter.
If you think you have no problem and are not afraid of being sued by the other party, then you don't have to worry about the lawyer's letter.
5. The lawyer's letter is the negotiation behavior of the other party before the prosecution.
6. If the lawyer's letter is not fulfilled, the other party may bring a lawsuit to the court.
Legal basis:
code of civil law
Article 52 A party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement.
The parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods of consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform legally effective judgments, rulings and conciliation statements.
Article 53 Both parties may reach a settlement by themselves.
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