The essence of lawyer's letter is a legal act of entrusting an agent to express his will, which plays an important role in safeguarding the legitimate rights and interests of the parties. However, the lawyer's letter is not really effective and needs the approval of the court. If it is not recognized by the court, it is invalid.
The collection process is as follows:
1, internal collection stage experience: customer service, collection specialist, legal department, mostly by SMS, email and telephone collection;
2. Process of external collection: collection by companies and law firms, with contents: telephone or SMS (mainly VoIP). Some banks will communicate, socialize, contact emergency contacts, send collection letters, lawyers' letters, prosecution letters, filing letters, etc. Even cooperate with the local police station to investigate;
3. Final prosecution: the creditor has the right to bring a lawsuit to the people's court. After the court makes a judgment, if the person subjected to execution refuses to repay the property, the court will take compulsory legal measures to require the other party to execute the judgment.
To sum up, the collection process includes internal collection and external reminder, and different collection methods should be selected according to the length of overdue time; Basically, the collection is carried out by means of telephone collection, door-to-door collection and court prosecution.
Legal basis:
Article 29 of the Lawyers Law of People's Republic of China (PRC)
Lawyers, as legal advisers, should provide advice to clients on relevant legal issues, draft and review legal documents, participate in litigation, mediation or arbitration activities as agents, handle other entrusted legal affairs and safeguard the legitimate rights and interests of clients.
Article 33
As a defender, a lawyer has the right to meet a criminal suspect or defendant in custody or under residential surveillance with a lawyer's practice certificate, a law firm certificate, a power of attorney or a letter of legal aid in accordance with the provisions of the Criminal Procedure Law. Defense lawyers are not monitored when meeting with criminal suspects and defendants.