[Direct answer]In the Beijing area, it is possible, and a lawyer's letter is often the most cost-effective means of collection. Article 188 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that the statute of limitations for civil rights protection in the People's Court is three years, and the statute of limitations can be calculated from the date when the right holder knows or should know that their rights have been infringed and the date when the obligee knows or should know that the obligation has been breached; Article 195 stipulates that if the right holder submits a request for performance to the obligee, the statute of limitations is interrupted. A lawyer's letter is precisely a written way of submitting a request for performance to the obligee, which can have the effect of interrupting the statute of limitations. In addition, a lawyer's letter has three functions: first, it clarifies the creditor's rights and basis, prompting the other party to face the problem; second, the other party often confirms the amount of the debt or the facts in their reply, forming favorable self-admission evidence; third, it fixes the collection timeline, paving the way for subsequent litigation and enforcement. It should be noted that a lawyer's letter itself does not have enforceable force. If the other party fails to pay, it is still necessary to resolve the matter through litigation. Therefore, the collection content should be specific and enforceable, avoiding being just a formality.Creditor's rights and debts, and enforcementThe collection services in the column include the drafting and delivery of lawyer's letters.

1. Problem background and typical scenarios

The consultation focuses on the following situations: the borrower avoids communication by phone or WeChat; the amount of the debt is not large, but the litigation cost is relatively high; the borrower is worried that the statute of limitations is approaching and needs to fix the evidence of collection first; the other party delays the repayment and needs to be pressured, but does not want to sue immediately; and it is necessary to organize the evidence chain before litigation.Special services and other casesThe document drafting instructions in the column can be used for reference. In practice, many clients hope to apply pressure in a low-cost manner, so it is necessary to explain the scope of the lawyer's letter and the subsequent escalation path at the same time.

II. Key points of contention

Focus One: The content boundaries of the lawyer's letter to avoid infringing on reputation and exerting undue pressure. Focus Two: The reliability of the delivery method and the preservation of evidence. Focus Three: The admissions made by the other party in their response. Focus Four: Proof of the interruption of the statute of limitations. Focus Five: The coordinated pace between the lawyer's letter and the lawsuit. Focus Six: Agreements on cost sharing.Business and contract disputes in enterprisesThe contract terms designed in the column can be used as a reference.

III. Professional analysis by Henglue Law Firm

Take a civil loan dispute handled by Attorney Tian Jia Yan of our firm as an example: The lender and the borrower were friends. The borrower borrowed money multiple times on the pretext of opening a store, with the total amount being relatively large. The two parties later signed a written agreement to confirm the amount and stipulate the repayment period, with the borrower agreeing to bear legal fees and other losses in the event of default. After the due date, the borrower explicitly stated that he was unable to repay the loan. The lawyer's litigation strategy was to first link the early transfer receipts with the later written confirmation agreements to form a complete chain of evidence; on this basis, to assert breach of contract liability and include the provisions on default interest and legal fees in the claims; at the same time, to prioritize mediation, setting up installment repayment arrangements in the mediation plan and attaching strict breach of contract clauses, meaning that if any installment is breached, the creditor can claim the full amount stipulated in the original agreement and demand payment of legal fees. Ultimately, the court issued a civil mediation order to confirm this. This approach shows that lawyers' letters and mediation plans should be used in combination: first, use formal letters to fix positions and statutes of limitations, and then incorporate the consequences of breach of contract into enforceable texts during negotiations.Special services and other casesThe explanations on the design of the execution clauses in the column can be supplemented. This case is handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. Verify the basis of the creditor's claim and the status of the statute of limitations; 2. Draft a specific and enforceable lawyer's letter; 3. Send the letter via a method that can prove delivery and retain the relevant proof; 4. Set a reasonable deadline for the other party's response; 5. Continuously track the response and maintain written records; 6. Regularly follow up to avoid the statute of limitations expiring again. Legal basis: - Articles 188, 195, and 577 of the Civil Code of the People's Republic of China (all effective from January 1, 2021) regarding the statute of limitations and breach of contract liability; - The Civil Procedure Law of the People's Republic of China (amended and effective from January 1, 2022) regarding the burden of proof; - Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the value of a lawyer's letter lies in securing evidence and interrupting the statute of limitations, rather than applying psychological pressure. Secondly, the content must be specific to the amount, deadline, and legal consequences. General statements have limited effectiveness. Thirdly, the delivery method determines the evidentiary validity, and it is essential to maintain verifiable delivery records. Fourthly, do not use threatening or derogatory expressions to avoid triggering disputes over reputation infringement. Fifthly, regular follow-ups should be conducted after the lawyer's letter is sent to prevent the statute of limitations from expiring again. Sixthly, if it is agreed that the attorney's fees will be borne by the other party, this should be specified in the loan agreement and the calculation method should be clearly defined.Financial capital and cross-border transactions involving foreign countriesThe approach to verifying the information in the column can be used as a reference.

VI. Frequently Asked Questions

Q1: Can a lawyer's letter really make the other party pay back the money?

It's not necessarily the case, but its effects are multi-faceted. A lawyer's letter does not have enforceability, and if the other party fails to pay, the matter still needs to be resolved through litigation. Its practical value lies in: formally stating the creditor's position and legal basis, prompting the other party to take it seriously; fixing their acknowledgment of the debt in the other party's response, forming self-admission evidence; constituting a request for performance to the obligee, thereby interrupting the statute of limitations; and, when necessary, it can also be used as a bargaining chip. Therefore, in practice, it's more prudent to send a lawyer's letter while preparing for litigation, including sorting out evidence and investigating property clues, rather than regarding the lawyer's letter as the only means.

Q2: Can a lawyer's letter interrupt the statute of limitations for a lawsuit?

Yes. According to the law, if the right holder submits a performance request to the obligee, the statute of limitations is interrupted, and the time limit is recalculated from the date of interruption. Therefore, as long as the lawyer's letter can prove that it has been delivered to the debtor and a clear performance request has been made, it can usually have the effect of interrupting the statute of limitations. It should be noted that the interruption of the statute of limitations requires that the request be able to reach the obligee, so the delivery certificate is crucial; at the same time, after the interruption, the right holder needs to assert the right again within the new period. If there is no collection for a long time, the statute of limitations may pass again. It is recommended to keep the delivery record after sending it and to collect the debt again before the expiration of the new statute of limitations period.

Q3: What should a lawyer's letter contain?

It generally includes six parts: the identity information of the creditor and the debtor; the process and basis of the formation of the creditor's rights, namely the time, amount, and method of the loan, as well as the relevant supporting documents; the fact that the debtor has failed to perform the obligation within the performance period; the formal performance request and specific deadlines; the remedial measures to be taken if the debtor fails to perform the obligation within the time limit, including litigation, property preservation, etc.; and the agreement on the liability for breach of contract and the bearing of attorney's fees. The key is to make the content specific and enforceable, avoiding only general statements. At the same time, attention should be paid to using neutral language and not using insulting or defamatory expressions, so as to avoid triggering disputes over the right of reputation.

Q4: How much does it cost to send a lawyer's letter?

The cost is usually lower than litigation, mainly including attorney's fees and actual expenses such as mailing, with the specific amount depending on the amount of the claim, the complexity of the case, and the attorney's workload. If the amount of the claim is large and the evidence is already relatively complete, a lawyer's letter will be more cost-effective, as it often leads to repayment or fixes key evidence for litigation. In practice, it is more reasonable to first conduct a case assessment to determine whether the evidence is sufficient and whether the other party has the intention to repay, and then decide whether to send a letter directly or simultaneously start litigation preparations, to avoid duplicated efforts.

Q5: What should I do if the other party ignores the lawyer's letter I've sent them?

Don't wait passively. You should proceed according to the planned schedule. First, confirm whether the delivery was successful and, if necessary, supplement the delivery evidence by other means; second, initiate litigation procedures in a timely manner after the expiration of the prescribed time limit to avoid delay; when suing, you should organize a complete chain of evidence, including loan certificates, transfer records, previous communication records, lawyer's letters, and delivery certificates; simultaneously apply for property preservation to prevent asset transfer; if you know that the other party has the ability to perform but refuses to do so, you can claim corresponding liability in the litigation. It should be noted that the communication records before and after suing may also become favorable evidence for the other party, so you should maintain restraint and standardization in your communication.Creditor's rights and debts, and enforcementThe column can provide an explanation of the connection between litigation and preservation of evidence.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.