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What should I do if I receive a lawyer's letter to collect the arrears?

Legal subjectivity:

After receiving the letter from the dunning lawyer, you need to communicate with the lawyer in time. If you don't actually owe money or the amount owed is incorrect, you can consult with a lawyer and provide corresponding evidence for verification. If you do owe money, you need to pay it back in time. If you are unable to repay, you can negotiate with your lawyer to delay the repayment period. 1. What should I do if I receive a letter from a dunning lawyer? If you receive a letter from a dunning lawyer, treat it positively: 1. If you actually don't owe money or the amount of money owed is wrong, you should explain the situation to the sending lawyer in time and provide relevant evidence as much as possible for the lawyer to verify. 2. You should contact the lawyer in time and actively repay the loan. If it is difficult to repay in one lump sum, you can also negotiate with your lawyer to repay in installments. If you ignore the lawyer's letter, the other party may bring a lawsuit to the court. At that time, you may lose legal fees and interest on arrears, and may also have a bad influence on personal credit. Second, the role of the lawyer's letter (1) The lawyer's letter is a warning, indicating that the parties intend to submit the matter to law. No matter in business activities or life disputes, the parties often negotiate many times. After the negotiation fails, receiving a summons from the court without any warning may make them angry, and the performance of their obligations will be negative and hostile, which will have a negative impact on the realization of creditor's rights. The way to send a lawyer's letter will be relatively mild. (two) the lawyer's letter has the function of interrupting the limitation of action in legal proceedings. In China, the statute of limitations for most common civil cases, especially debt disputes, is two years. If it is out of date, the obligee may lose the right to win the case. In this case, the obligee can interrupt the limitation of action by sending his own letter or lawyer's letter to ensure that the continuity of his rights is protected by law. (3) The lawyer's letter is also a civilized, fast and economical urging tool. Under the rule of law, in order to urge the other party to fulfill its contractual obligations, it is easy to violate the law if improper means are taken to urge it. Lawyers' letters are delivered by express mail or announcement, without direct contact with third parties, thus avoiding some unpleasant things. (4) Transfer of cost risk. Ignoring the lawyer's letter and still refusing to perform the obligation will lead to an increase in the cost of debt repayment or compensation. Simply put, it is more compensation. After receiving the lawyer's letter, if the parties actively perform their obligations, there is still room for negotiation on debt repayment or compensation. But still refuses to perform, resulting in litigation, in addition to the agreed or legal amount of debt settlement or compensation, but also bear legal fees, preservation fees, attorney fees and other expenses. △ The picture comes from the network (5) to clarify the facts. For the facts and legal relations that are difficult to clarify or controversial between the parties, the order is clear through the narrative of the lawyer's letter. (6) Preserve evidence. For evidence that is difficult to be fixed by other means, sending a letter causes the other party to reply, creating the possibility of proof. (7) Notice to terminate the contract. According to the provisions of the Civil Code, if one party advocates the termination of the contract, it shall notify the other party. When the notice reaches the other party, the contract is terminated. (8) Other matters. For example, exercising the right of revocation, performing the right of defense before issuing, the right of defense against anxiety, and performing the right of defense at the same time. 3. model of lawyer's dunning letter XX co., ltd (individual): because your company (individual) defaulted on the payment, lawyer XXX accepted the entrustment of XXXX co., ltd (individual) to settle the payment according to law. We are writing to you as follows: Your company signed an agreement with XXX Co., Ltd., and XXX Co., Ltd. completely and correctly fulfilled the agreement according to the agreement of both parties. Your company should settle all the payment before XXXXXX * * *: Yuan, but your company failed to fulfill the payment obligation as agreed. During this period, XXXX co., ltd. made several reminders. Up to now, your company is still in arrears with the balance of RMB and the interest generated by RMB. According to the law, the handling lawyer urges your company to fulfill the repayment obligation before XX, otherwise, the handling lawyer will investigate your company's payment responsibility and breach of contract through judicial channels according to the entrustment of the limited company, and please think twice.

Legal objectivity:

Article 195 of the Civil Procedure Law: In any of the following circumstances, the limitation of action shall be interrupted, and the limitation of action shall be recalculated from the time of interruption to the end of relevant procedures: (1) the obligee requests the obligor to perform; (2) The debtor agrees to perform its obligations; (3) The obligee brings a lawsuit or applies for arbitration; (four) other circumstances with the same effect as bringing a lawsuit or applying for arbitration.