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Is it effective to send a lawyer's letter by SMS?
A lawyer's letter is essentially a notice, usually telling the other party what to do! Generally, it is made in written form, but personally, if it can be proved that the other party received the short message sent by the lawyer, including the short message that the other party acknowledged receiving the relevant content, it can play the role of notification, but in reality, if the lawyer's letter is sent by short message, it is generally difficult to prove that the other party received it, that is, it cannot play the role of lawyer's letter!
The function of lawyer's letter
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. Notice of termination of the contract. This is a right granted to the parties by the Contract Law, and it is based on the provisions of Articles 562, 563 and 565 of the Civil Code, which notify the other party that the contract will be terminated when the notice arrives. 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.
6. Reach an out-of-court settlement agreement. The reconciliation function of lawyer's letter is its main purpose. It is for this reason that lawyer's letter is welcomed by more and more people. This kind of lawyer's letter urges the two parties to reach an out-of-court mediation agreement by notifying the other party to come, write or call for consultation within a specified time limit. However, it is necessary to specify the specific time limit and give the other party the necessary preparation time. In addition, it is necessary to inform the other party of the consequences of overdue treatment, such as prosecution, termination of the contract, stop payment, stop supply, etc.
The above is the relevant answer. A lawyer's letter can clarify the facts and deter illegal acts. In one case, after sending a lawyer's letter, the other party may take the initiative to seek advice from himself. Only by using legal weapons can we effectively deter each other and protect our legitimate rights and interests. If you have other legal problems, you can consult a lawyer.
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