Legal templates

Debt Recovery

The first step in recovering a debt is a well worded letter of demand. It is helpful to recommend a client issue a demand of their own. This puts the debtor on notice that they are seriously overdue and foreshadows the matter being passed to a solicitor. After the client’s demand a formal letter of demand should come from the solicitor’s office.

Initial letters of demand should be polite so that a commercial relationship can be preserved if the non payment is merely an oversight. The intention is to let the recipient know the matter is now in the hands of a lawyer but says this in a polite way. It also increases the likelihood of payment if the initial demand is polite. Rude and overly threatening demands from the outset may have the effect of inducing a debtor to withhold payment out of spite.

In many cases a letter of demand indicating the matter has been passed to solicitors is sufficient
to induce a client to pay. In other cases more threatening letters are required. If these fail, then obtaining judgment via the court process and enforcement are required.

DISCLAIMER

The commentary that follows and the associated precedents do not constitute legal advice and are general in nature. There is no solicitor / client relationship between the recipient of this material and Precedents Online, or the author. Courts and Tribunals continually change their prescribed documents, practice and procedure. You should check with the relevant Court, Tribunal or Authority to determine whether your documentation is current and appropriate for your purpose. Neither Precedents Online, nor the authors are responsible for the outcome of any court proceeding or process in which the precedents you have purchased are used. You should satisfy yourself that you are using the appropriate practice, procedure and documentation or seek the advice of a qualified solicitor or barrister to advise you.

www.kaldelegal.com.au