A Demand for Payment is a crucial document in the debt recovery process under Australian law, serving as a formal step before potential legal proceedings. This document is typically used when previous informal attempts to collect payment have been unsuccessful, or when immediate formal action is required due to the nature or size of the debt. The demand must comply with the Australian Consumer Law, state-specific debt collection regulations, and the ASIC/ACCC Debt Collection Guidelines. It should clearly state the amount owed, the basis of the debt, payment deadlines, and potential consequences of non-payment. The document must maintain a professional tone while avoiding any harassment or undue pressure, as specified in Australian consumer protection laws. This Demand for Payment can be used across various sectors and can be issued by businesses, individuals, or their authorized representatives, forming an important part of the audit trail in debt recovery efforts.
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1. Sender Details: Full legal name, business name (if applicable), address, and contact information of the creditor
2. Date: Current date of the demand letter
3. Recipient Details: Full name and address of the debtor
4. Subject Line: Clear indication that this is a formal demand for payment
5. Debt Details: Specific amount owed, origin of the debt, date incurred, and any reference numbers
6. Payment History: Summary of any previous payments made and current outstanding balance
7. Payment Instructions: Clear details of how and when payment should be made, including payment methods and deadline
8. Consequences of Non-Payment: Clear statement of what actions will be taken if payment is not received by the specified deadline
9. Statutory Notices: Any required legal notices or warnings as per Australian consumer law
10. Signature Block: Signature, name, and title of the authorized person making the demand
1. Interest Calculation: Include when charging interest on the outstanding amount, showing the calculation method and rate
2. Previous Communications: Reference to previous payment requests when this is not the first demand
3. Payment Plan Option: Include when willing to accept payment in installments or negotiate payment terms
4. Dispute Resolution Process: Include when required by industry regulations or when dealing with substantial sums
5. Supporting Documentation Notice: Reference to attached documents proving the debt, particularly useful for larger or complex debts
1. Statement of Account: Detailed breakdown of the debt, including original amount, any interest, fees, and payments made
2. Copy of Original Invoice(s): Copies of relevant invoices or contracts that gave rise to the debt
3. Payment History Record: Detailed record of all payments made and amounts outstanding
4. Interest Calculation Schedule: Detailed breakdown of interest calculations if interest is being charged
Relevant legal definitions
Outstanding Amount
Due Date
Original Debt
Interest Rate
Default Interest
Payment Terms
Business Day
Creditor
Debtor
Invoice
Late Payment Fee
Payment Method
Reference Number
Statement of Account
Principal Sum
Authorized Representative
Grace Period
Legal Proceedings
Settlement Date
Statutory Interest
Payment Plan
Original Agreement
Collection Costs
Legal Fees
Due Date
Original Debt
Interest Rate
Default Interest
Payment Terms
Business Day
Creditor
Debtor
Invoice
Late Payment Fee
Payment Method
Reference Number
Statement of Account
Principal Sum
Authorized Representative
Grace Period
Legal Proceedings
Settlement Date
Statutory Interest
Payment Plan
Original Agreement
Collection Costs
Legal Fees
Clauses
Relevant Industries
Retail
Professional Services
Construction
Manufacturing
Healthcare
Education
Financial Services
Real Estate
Technology
Telecommunications
Utilities
Transportation and Logistics
Legal Services
Accounting Services
Consulting Services
Wholesale Trade
Agriculture
Relevant Teams
Accounts Receivable
Finance
Legal
Credit Control
Collections
Treasury
Risk Management
Operations
Commercial
Corporate Services
Administration
Debt Recovery
Relevant Roles
Credit Controller
Accounts Receivable Manager
Financial Controller
Credit Manager
Collections Officer
Finance Manager
Accounts Manager
Business Owner
Company Director
Chief Financial Officer
Debt Recovery Specialist
Legal Counsel
Practice Manager
Commercial Manager
Treasury Manager
Risk Manager
Operations Manager
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