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 take legal action at present.
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 the other party, 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 doesn't mean that you will take the risks mentioned in the lawyer's letter. You don't have to be confused and act rashly because of the lawyer's letter.
Article 128 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt.
The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information;
The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person.
The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
The defendant's failure to submit a reply will not affect the people's trial.
What should I do if the credit card receives the lawyer's letter late?
What should I do if my credit card receives a lawyer's letter late? Is it next to the bank? Next, let's talk about what to do if we receive a letter from a lawyer after the deadline.
Identifying the authenticity of a lawyer's letter is the first step.
First of all, we must know that the credit card is overdue for a long time, and the bank will entrust a third party to collect it. They will send a lawyer's letter to the debtor in the name of the law firm, telling the overdue debtor that they will do it without paying back the money.
So does receiving a lawyer's letter really mean being rejected? Don't panic, the lawyer's letter only plays the role of informing, and it doesn't mean that it has been stolen. Moreover, some lawyer's letters are collected by a third party in order to put pressure on the debtor to collect debts, so it is necessary to distinguish the authenticity at the first time after receiving the lawyer's letter. Generally, the lawyer's letter is paper, which will have the official seal of the law firm, the lawyer's name, contact number and so on. , and can be confirmed by phone. Generally, a real lawyer's letter will not be notified by email.
The lawyer's letter is just one of the means of formal collection. It has the function of notifying the debtor. Not necessarily, but not necessarily if necessary.
2. How to face the facts and collect lawyers' letters
Don't worry if you receive a fake lawyer's letter. Instead, you can complain about it. Even if we receive a real lawyer's letter, it may not be true. It can really prove that we were served with a subpoena or a short message notification of 12368. According to the case number, you can check the public information on the China judgment document online.
What if I receive a letter from a lawyer after the deadline? Distinguish authenticity in time. If it is true, we must deal with it in time. Be sure to find a way to pay off the arrears and contact the bank to negotiate repayment by installments. If the bank does not agree, you can consult a professional institution. If you choose not to solve it in time and the bank really goes through legal procedures, then we will usually receive a subpoena in about two weeks, so we should actively respond to the lawsuit.
Facing the rising consumption level and unstable income, we should plan our income scientifically and reasonably, pay attention to personal credit information, use credit cards rationally, and face the setbacks in life with a positive attitude. In daily life, we can beautify personal credit card bills with the help of POS machines and other tools to avoid overdue. However, everyone still needs to pay attention to the habit of using cards and do their own financial planning. After all, reasonable consumption is the life we want.
What should I do if the credit card receives the lawyer's letter late?
After receiving the lawyer's letter, the bank credit card needs to repay the arrears in time. If the credit card is not repaid, the bank can ask for repayment. If a bank files a civil lawsuit, it shall decide whether to accept it within 7 days from the date of receiving the litigation materials.
If you owe 654.38+00000 yuan, and you still fail to pay it back for more than 3 months after being collected twice by the bank, it constitutes a credit card crime and you should bear criminal responsibility. After the public security organ files a case for investigation, it usually takes about four months for the procuratorate to initiate a public prosecution.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after two reminders from the issuing bank for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.