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Demand Letter For Non Payment

Demand Letter For Non Payment Template for Hong Kong

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Key Requirements PROMPT example:

Demand Letter For Non Payment

"I need a Demand Letter for Non Payment to recover HKD 500,000 from a manufacturing company that has missed three consecutive quarterly payments for supplied machinery, with a final payment deadline of March 15, 2025, before we initiate legal proceedings."

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Document background
A Demand Letter For Non-Payment is a formal document used when previous attempts to collect payment have been unsuccessful. It serves as a crucial step in the debt recovery process under Hong Kong law, typically issued after informal payment requests but before initiating legal proceedings. The document must comply with Hong Kong's Contracts Ordinance and related legislation, including proper documentation of the debt, clear payment terms, and reasonable deadlines. This type of letter is essential for maintaining proper business records and can serve as evidence in subsequent legal proceedings if payment remains outstanding. It should include specific details about the debt, payment history, clear payment instructions, and potential consequences of continued non-payment, while adhering to local regulations regarding debt collection practices.
Suggested Sections

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

2. Date: Current date of the letter

3. Recipient's 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, and relevant contract or invoice numbers

6. Payment History: Summary of any previous payments made and current outstanding balance

7. Legal Basis: Reference to the contractual or legal basis for the debt

8. Demand Statement: Clear statement of the amount demanded and payment deadline

9. Payment Instructions: Specific details on how and where to make the payment

10. Legal Consequences: Statement of potential legal action if payment is not received by the deadline

Optional Sections

1. Interest Calculation: Include when claiming interest on the outstanding amount, showing calculation method and period

2. Previous Correspondence: Reference to previous payment requests when multiple attempts have been made

3. Settlement Options: Include when willing to discuss payment plans or settlement arrangements

4. Without Prejudice: Include this heading when offering settlement terms that shouldn't be used in future legal proceedings

5. Dispute Resolution: Include when proposing specific dispute resolution methods before litigation

6. Business Relationship Statement: Include when there's an ongoing business relationship to maintain

Suggested Schedules

1. Original Contract/Agreement: Copy of the original contract or agreement establishing the debt

2. Invoice History: Copies of all relevant invoices and payment records

3. Statement of Account: Detailed statement showing all transactions, payments, and current balance

4. Previous Correspondence: Copies of previous payment requests or relevant communication

5. Interest Calculations: Detailed breakdown of interest calculations if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Banking

Retail

Manufacturing

Construction

Professional Services

Real Estate

Technology

Healthcare

Education

Wholesale Trade

Logistics

Telecommunications

Consulting

Legal Services

Small Business

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Treasury

Risk Management

Commercial Operations

Company Secretarial

Collections

Corporate Affairs

Relevant Roles

Credit Controller

Accounts Receivable Manager

Financial Controller

Chief Financial Officer

Finance Manager

Credit Manager

Collections Specialist

Legal Counsel

Accounts Manager

Business Owner

Company Secretary

Financial Analyst

Treasury Manager

Risk Manager

Debt Recovery Specialist

Commercial Manager

Industries
Contracts Ordinance (Cap. 23): Provides the fundamental legal framework for contractual relationships and obligations in Hong Kong, including the enforcement of payment obligations
Limitation Ordinance (Cap. 347): Sets the time limits for bringing legal actions to recover debts, typically 6 years for simple contracts and 12 years for contracts under seal
Interest on Debts Judgments Ordinance (Cap. 305): Governs the calculation and application of interest on judgment debts and the rate of interest that can be claimed
High Court Ordinance (Cap. 4): Relevant for potential legal proceedings if the demand letter leads to court action, particularly for claims exceeding HK$50,000
District Court Ordinance (Cap. 336): Relevant for potential legal proceedings for claims between HK$75,000 and HK$3,000,000
Money Lenders Ordinance (Cap. 163): Important if the debt involves a money lending transaction, as it regulates interest rates and lending practices
Personal Data (Privacy) Ordinance (Cap. 486): Ensures compliance with privacy regulations when handling debtor's personal information in the demand letter
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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