Letter of Demand

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Collect the money you are owed with a Letter of Demand

A Letter of Demand is a formal written notice sent to someone who owes you money, requesting payment of an outstanding debt. It serves as the final step before commencing legal proceedings and demonstrates your reasonable attempts to resolve the matter before court action.

Important Considerations

– Not suitable for building contracts or other specialized agreements that have specific statutory dispute resolution processes
– Validate all invoices thoroughly before sending to ensure they were correctly issued
– Verify payment terms align with your contractual agreements

When to Use This Template

Send a Letter of Demand when:
– Payment reminders have been unsuccessful
– The debt is overdue
– Informal collection attempts have failed
– You’re prepared to take legal action if necessary

Required Information

Debtor Information

– Full legal name or registered business name
– Complete postal address
– Email address

Debt Details

– Outstanding invoice numbers
– Total amount owed
– Name of the agreement the debtor entered with your business (e.g. Services Agreement)
– Brief description of goods/services provided

Using the Template

Our automated system will:
1. Generate a professional Letter of Demand using your business details
2. Include a standard 7-day payment deadline
3. Format the document ready to be placed on your letterhead

Next Steps

After generating your Letter of Demand:
1. Place it on your business letterhead
2. Send to the debtor via email
3. Post a hard copy to the debtor’s address
4. Keep records of when and how you sent the letter

The template automatically includes appropriate legal language and payment terms. Once generated, you can modify the document to suit your specific circumstances.

When to Talk to a Lawyer or Get a Quote

While our Letter of Demand template provides a solid starting point for debt collection, there may be situations where additional guidance is necessary. You should Talk to a Lawyer or Get a Quote if you:

1. Need to recover a substantial debt amount
2. Have complex payment disputes or multiple related debts
3. Face a debtor who disputes the debt’s validity
4. Deal with a debtor who has become insolvent or entered administration
5. Require strategic advice on debt recovery options
6. Need assistance with enforcement after the demand period expires

Legal Support

We recommend consulting a lawyer if you:
– Want to explore additional debt recovery strategies
– Need advice on interest calculations and enforcement options
– Require assistance with subsequent legal proceedings
– Have concerns about the debtor’s ability to pay
– Need to negotiate a payment plan
– Want to ensure your debt recovery approach aligns with your broader commercial objectives

Professional legal advice will help protect your interests and maximize your chances of successful debt recovery while ensuring compliance with relevant laws and regulations.

Tailoring is when a lawyer customizes an automated legal document to meet your specific needs. This process starts with a consultation, after which you will complete a form to generate the initial draft of the document (if you haven’t already generated a DIY legal document). The lawyer will amend the document in line with what was discussed during the consultation, then send it to you for review. Once all reviews are complete the document will be finalised for use, or eSigning (if applicable).

A review is when you send feedback to the lawyer on a tailored document, and they make changes or respond to your comments. Feedback should be made by commenting directly within the document. Tailoring includes two reviews as standard. This is usually more than sufficient. Additional reviews may be charged separately if needed, so it is recommend you thoroughly check and comment on the document before returning it to the lawyer.

eSigning is when a document is executed by collecting an electronic signature from a party to make it legally binding, instead of printing and signing on paper. This is achieved by using a third-party service such as HelloSign that will send a link to the email of each party required to sign the document. The recipient will then follow the link and sign the document using their computer or mobile device. The system will record when they viewed and signed the document as well as from which IP Address. We recommend all our documents be signed electronically, and will manage the process for each tailored document with which eSigning is included.

Mode.law offers document automation services in addition to our tailoring services. If a tailored document is intended to be used repeatedly, mode.law can create a reusable form within your mode.law account. The form can be used to generate new documents based on your tailored template. The form will complete the main variable information that will differ such as (for example) new counter parties, purchase orders or statements of work. This speeds up your business processes, and makes things efficient to tailor when you need a few additional changes. Fees for document automation can be quoted during a consultation.