Demand Letter For Payment Of Promissory Note for Canada

Demand Letter For Payment Of Promissory Note Template for Canada

A formal legal document used in Canadian jurisdictions to demand payment on an overdue promissory note. This document serves as a critical step in the debt collection process, formally notifying the debtor of their payment obligation and the creditor's intent to pursue legal action if payment is not received. The letter must comply with Canadian federal legislation, including the Bills of Exchange Act and Interest Act, as well as relevant provincial laws governing debt collection and civil procedure. It typically includes detailed information about the original promissory note, current amount owing including interest, payment deadline, and consequences of non-payment.

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What is a Demand Letter For Payment Of Promissory Note?

A Demand Letter For Payment Of Promissory Note is a crucial document in Canadian debt collection practices, typically used when a borrower has defaulted on their payment obligations under a promissory note. This document serves as a formal notice and often represents the final step before initiating legal proceedings. It is governed by Canadian federal legislation, particularly the Bills of Exchange Act and Interest Act, along with provincial regulations on debt collection and civil procedure. The letter should be used when informal attempts to collect payment have failed and the creditor is prepared to take legal action. It must include specific details about the debt, including the original promissory note date, amount borrowed, current amount due with interest calculations, payment deadline, and clear consequences of non-payment. This document is particularly important as it often serves as evidence in subsequent legal proceedings and demonstrates the creditor's reasonable attempts to collect the debt before pursuing court action.

What sections should be included in a Demand Letter For Payment Of Promissory Note?

1. Sender's Information: Full legal name, address, and contact information of the creditor or their legal representative

2. Date: Current date of the demand letter

3. Recipient's Information: Full legal name and address of the debtor

4. Re: Line: Clear reference to the promissory note and its date

5. Formal Demand Statement: Clear statement that this is a formal demand for payment under the promissory note

6. Debt Details: Original principal amount, current balance, interest rate, and calculation of total amount due

7. Payment Terms: Specific deadline for payment and acceptable payment methods

8. Legal Consequences: Statement of legal action that will be taken if payment is not received by the deadline

9. Closing: Formal closing, signature block, and title of sender

What sections are optional to include in a Demand Letter For Payment Of Promissory Note?

1. Payment History: Include when there have been previous payments or payment attempts to establish the pattern of default

2. Previous Demands: Reference to any previous demands or communications when multiple attempts have been made

3. Partial Payment Offer: Include when willing to accept payment arrangements or partial payments

4. Acceleration Clause: Include when invoking an acceleration clause in the promissory note

5. Security Interest: Include when the promissory note is secured by collateral

6. Guarantor Notice: Include when there is a guarantor who is also being notified of the demand

What schedules should be included in a Demand Letter For Payment Of Promissory Note?

1. Copy of Promissory Note: Attachment of the original signed promissory note

2. Payment Schedule: Detailed breakdown of payments due, payments made, and current balance

3. Interest Calculations: Detailed calculations showing how interest has been accrued

4. Security Agreement: If applicable, copy of any security agreement related to the promissory note

5. Previous Correspondence: Copies of relevant previous payment demands or communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Private Lending

Small Business

Corporate Finance

Construction

Manufacturing

Retail

Professional Services

Agriculture

Healthcare

Education

Relevant Teams

Legal

Finance

Credit and Collections

Treasury

Risk Management

Accounts Receivable

Corporate Governance

Compliance

Administrative Services

Executive Leadership

Relevant Roles

Credit Manager

Collections Officer

Financial Controller

Chief Financial Officer

Accounts Receivable Manager

Legal Counsel

Paralegal

Risk Manager

Treasury Manager

Finance Director

Credit Analyst

Debt Recovery Specialist

Corporate Secretary

Business Owner

Finance Manager

Collection Coordinator

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