A demand for payment letter is a document that makes a demand to the letter’s recipient. When a person receives this kind of letter, it serves as a formal step wherein the recipient needs to arrange the payment or reply with an appropriate answer if he is unable to do so.
Demand For Payment Letters
What is demand for payment?
You can also consider a sample demand letter as a request for payment for money owed and this is usually a debtor’s last notice. The letter should include an official language to motivate the recipient to make the demanded payments.
A good motivation could be an incentive like a discount if they decide to before the deadline. You can even use a threat like sending the debt owed to collections, which in many cases, helps influence the matter’s resolution.
Generally, a demand for payment letter is an official document that details an owed debt and it usually contains an outline on how the recipient should pay the debt along with the consequences should they fail to settle the debt by a set date.
In several jurisdictions that involve the first attempt to recover a debt, you and the other party should first attempt to resolve the issue through methods other than lawsuits or small claims courts. You can consider this letter as the first non-confrontational approach in the recovery of a debt. It should include the following information:
- The date when debt got incurred.
- Details of the debt like facts that describe the nature of the debt.
- Definitive and clear payment expectations including the date when the payment must get completed.
- Consequences for non-payment.
Demand Letter Templates
When do you need a demand for payment letter?
People today are not as careful as they were in the past, especially when it comes to debt obligations. This is the main reason where a payment letter can best serve its purpose. You may use the letter to demand what is rightfully yours in an official way.
You don’t just use a demand for payment letter for debts owed. There are a variety of letter templates you could create. For instance, you could make a letter for the following:
- Auto accidents
- Advance payment
- Extension of a payment date
- Final payment demand
- Money owed
- Legal purposes
No matter the purpose of our demand letter, make sure though that it is well-thought-out. The words you use should be carefully thought of, especially if the letter might end up as evidence.
How do you write a demand for payment letter?
A demand notice places a company or a person on notice that you might consider legal action against them. You may want to seek the help of a lawyer to help you write your demand letter template although you can make one yourself too. Here’s how to do it.
- Establish the facts
Don’t assume that everyone knows all of the facts and even if they do, you should still write your own version of the facts. In case you end up in court, you have the documents that establish the nature of your dispute. Your demand for payment letter should include enough information even for someone who doesn’t know the situation to understand the details.
You should also mention your previous attempts to solve the dispute. You can refer to conversations, emails or other forms of communication that show that taking legal action is already your last resort.
- Refer to available evidence
If you’re in possession of concrete evidence, you don’t need to attach it, although you must refer to it. Save the evidence in case they ask you for it as evidence in court.
- Make your demand
Always be as specific as possible when it comes to making your demand. For instance, if you have multiple claims, you have to specify an amount for each of those claims. If you’re asking for restitution because a person damaged your property, make an exact outline of what they need to pay for.
If there is an issue of fact on whether the letter’s recipient is at fault, you have to provide an explanation of why you believe that the recipient owes you money.
- Set the payment mode and a deadline for the recipient
Provide a realistic deadline that you base on the amount of money the person owes. For instance, if the amount involved is a considerably large sum, you may offer the chance to pay through installments. Just make sure you’re very clear about how and when you must receive the payments.
- Set the consequence
You should inform the recipient of what you plan to do if they don’t meet your demands. Just remember that extortion isn’t considered a legal consequence. Your best option is to file a lawsuit if the person doesn’t meet your demands. You shouldn’t threaten the recipient with:
Destruction or damage to property belonging to the person, their family or their business associates
Accusing the person of a crime
Blackmail, or exposing one of their secrets to cause disgrace, humiliation, reputation harm or shame to the person, their family or their business associates
Death or physical harm to the person, their family or their business associates
When should I send a demand payment letter?
You can send a demand for payment letter in any situation where a person owes you money. But every situation differs and as such, you should approach them differently. In a similar manner, if you’re charged for a product or service that was not provided or delivered, you’re entitled to a refund, which you can demand through a letter.
There is no need to send this letter when you can settle the issue with just a phone call. In most cases when a company accidentally charges you, a phone call may resolve the situation.
But there are instances where you have already reached out to the company, explained your situation, they have given the indication that they will resolve it, but haven’t done so in a long time. In such a case, the letter can become appropriate.
Another instance is when a company doesn’t agree to credit your account but you believe that you should receive credit, then this letter might be in order. In conclusion, you can use a demand letter in any case where you believe that you have a legal claim regarding an owed debt.