What should I do if I receive a letter from a bank lawyer?

After receiving a lawyer's letter, the handling method is to negotiate with the other party or ignore the lawyer's letter, but at the same time, you should be psychologically prepared to go to court. Then the lawyer's letter itself will not have much impact on our lives, but only a warning to the direction itself. Its function is not like an administrative penalty book, which should be executed according to law.

First, how to deal with letters from lawyers?

When you receive a letter from a lawyer, you can consider negotiating with the other party or prepare for a lawsuit. A lawyer's letter is a kind of advance notice, indicating that the other party is ready to file a lawsuit against the current dispute. If you don't want to go to court, discuss with the other party how to solve it after receiving the lawyer's letter. If you think you have no problem and are not afraid of being sued, then you don't need to worry about the lawyer's letter.

The lawyer's letter itself will not have legal consequences, just a warning. Lawyer's letter is generally regarded as a threat of litigation, which may be that the parties put pressure on the other party to make peace on their own initiative in order to gain the advantage of negotiation; It is also possible that the parties lose confidence in conflict resolution and issue a lawsuit warning. Of course, it may also include the purpose of the parties or lawyers spying on each other and tempting information.

Receiving a lawyer's letter does not mean that you will bear the risks mentioned in the lawyer's letter, nor does it rule out the possibility that the parties can make up for it, let alone the judgment of a non-owned court! So you don't have to be confused and act rashly because of the lawyer's letter. You can keep silent and follow the development of the situation, or you can hire a lawyer to discuss countermeasures, or you can send a tit-for-tat lawyer letter to the other party in turn.

Second, the civil procedure

1, sue, that is, file a complaint with a court with jurisdiction.

2. Filing a case for review

In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible.

If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days.

After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution.

3. Arrange the court session time

Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.

Step 4 hold court sessions

(1) announce the court session, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.

(2) Court investigation: the parties state the facts of the case.

(3) Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify, read out the testimony of witnesses who did not appear in court, produce documentary evidence and physical evidence; (3) Listen to materials; The two sides expressed their opinions on the evidence materials.

(4) Court debate: the parties debate and demonstrate the disputed facts and legal issues.

(5) Court mediation: Under the auspices of the court, the parties agree to settle the dispute.

If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling).

5. Sentences

If you agree to the judgment, the parties will automatically perform the obligations specified in the judgment document or apply to our court for execution; If there is disagreement with the referee, it needs to be treated differently according to the situation:

Ruling: appeal to the higher people's court within 10 days from the date of service;

Judgment: Appeal to the Higher People's Court within 15 days from the date of service.

In fact, a lawyer's letter is no big deal, but if there is no problem, we will not receive a lawyer's letter from the other side for no reason. For example, we deliberately slander others' reputation in our life. After receiving the letter from the other party's lawyer, we should stop slandering and take the initiative to apologize to the other party. If you think you have done nothing wrong, why care too much about a lawyer's letter?