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Does the lawyer's letter of property fee have any effect?
The lawyer's letter itself has any legal effect, so it has no legal effect to issue a lawyer's letter for property disputes. The party who receives the lawyer's letter can ignore it.
People's Republic of China (PRC) Lawyers Law
Article 28 A lawyer may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Second, how much property fees are owed will be prosecuted.
In fact, it has nothing to do with the amount of property fees whether the owners will be sued by the property. The property fee owed by the owner to the property management company is a civil dispute. Therefore, even if the owner is in arrears with the property fee of 1 yuan, the property can file a lawsuit at any time, demanding the owner to pay the property fee, and compensate the losses of such civil cases within two years of the general limitation of action.
If the property is sued, the following steps will generally be taken:
1, file a lawsuit
That is, the interested parties bring a lawsuit to the court that they think has jurisdiction. According to the laws of various countries, after the court decides to accept the lawsuit, it will send a copy of the complaint to each defendant and ask the defendant to submit a reply within a time limit.
Step 2 prepare your defense
In practice, once the defendant has made a substantive defense to the court on the matter of prosecution, it means that he has accepted the jurisdiction of the court, and he can no longer make a defense on the grounds that the court has no jurisdiction.
3. Evidence preservation
That is, if all the evidence related to the case is in danger of being lost or difficult to use in the future, one party may apply to the court before or after the prosecution, asking the court to take necessary measures to preserve it.
Step 4 provide evidence
Any litigant who wants to prove the facts or requirements he claims in the lawsuit must first produce evidence to prove it, including witness, material evidence, documentary evidence, expert testimony, and inspection records.
5. Preservation measures
In order to prevent the defendant from hiding, selling or transferring the property, so that the plaintiff will get nothing when winning the case in the future, and the court decision cannot be executed, then it is necessary to apply for preservation procedures in time.
6. Trial of the case
Determine the specific hearing and defense according to the court with the selected jurisdiction.
7. Decisions and appeals
If the court refuses to accept the first-instance judgment, you can appeal in time.
From the above analysis, we know that according to the provisions of the Lawyers Law, a lawyer's letter is a document sent to others by a lawyer according to the entrustment of the client, but the lawyer's letter itself has no legal effect, and the party receiving the lawyer's letter can choose whether to deal with it or not.
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