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What does it mean when China Guangfa Bank sends a lawyer’s letter?
Sending a lawyer's letter is a reminder to fulfill the contractual obligations. After receiving the lawyer's letter, you can contact the lawyer to negotiate a settlement. If ignored, the other party will go to court to sue.
A lawyer's letter is legally binding, and issuing a lawyer's letter can serve as a legal proof and a factual warning. A lawyer's letter is an unofficial document that mainly expresses the parties' views on the incident and does not have any legal effect. But it implies a meaning of "I have notified the lawyer and am prepared to use legal means to solve the problem."
The purpose of a lawyer's letter is mainly to urge the third party to perform its obligations in a timely manner, such as a collection lawyer's letter sent to collect payment.
Extended information:
Generally speaking, the functions of a lawyer's letter are:
1. A lawyer's letter can recover the arrears of payment for goods entrusted in a convenient way, etc. Debt. Payment arrears often occur in commercial activities. If the problem is solved directly through litigation, it will not only take a long time, but also cause loss of customers. If a lawyer sends a letter to point out the seriousness of the problem to the client, the client will consider resolving the adverse consequences through litigation and will most likely repay the debt.
2. Before filing a lawsuit or applying for arbitration, sending a letter through a lawyer can extend the statute of limitations.
3. Sending a letter through a lawyer can clarify the facts and stop illegal infringements.
Letter from lawyers can clarify facts and deter illegal behavior, which is beyond the reach of ordinary business letters and private letters.
4. Use a lawyer’s letter to fulfill other legal notification obligations. There are many aspects in this regard, such as notification ratifying the agency behavior of an agent without authority, the exercise of the right of unrest defense, the exercise of the right of concurrent performance defense, the exercise of the right of first-suit defense, notification of the invalidity of a contract, the exercise of the right of rescission, etc., all parties involved Any notification rights you have can be completed through a lawyer’s letter.
5. Notice 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 informed that the contract will be terminated upon the arrival of the notice. If the other party has objections, it may request the people's court or arbitration institution to confirm the validity of the termination of the contract. However, if laws and administrative regulations stipulate that the cancellation of a contract requires approval, registration and other procedures, it is not easy to notify the contract to terminate the contract through a lawyer's letter.
6. Reach an out-of-court settlement agreement. The conciliatory role of a lawyer's letter is its main purpose. It is for this reason that lawyer letters are becoming more and more popular. This type of lawyer's letter prompts the two parties to reach an out-of-court mediation agreement by notifying the other party to come, write, or call for negotiation within a specified time limit. However, a specific deadline must be specified and the other party must be given the necessary preparation time. In addition, you must also inform the other party of the consequences if you fail to deal with it within the time limit, such as prosecution, termination of the contract, cessation of payment, cessation of supply, etc.
Baidu Encyclopedia - Lawyer's Letter
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