Demand Statement for India

Demand Statement Template for India

A Demand Statement is a formal legal document used in Indian jurisdiction to make an official demand for payment or performance of an obligation. It serves as a crucial preliminary step in the debt recovery process, establishing a clear record of the demand and potentially forming the basis for subsequent legal proceedings. The document must comply with Indian contract law and civil procedure requirements, including specific elements such as clear identification of parties, precise statement of the amount owed, basis of the claim, and a reasonable timeline for compliance. It is particularly important in the Indian legal context as it often serves as a mandatory prerequisite before initiating formal legal proceedings.

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What is a Demand Statement?

The Demand Statement is a critical legal instrument in Indian business and financial transactions, used when one party needs to formally demand payment or performance from another. This document is particularly relevant when informal attempts to secure payment have been unsuccessful and the creditor needs to establish a formal record of their demand. The Demand Statement must comply with Indian legislation, including the Indian Contract Act, 1872, and the Civil Procedure Code, 1908. It typically includes detailed information about the debt or obligation, payment history, calculation of interest (if applicable), and consequences of non-compliance. The document serves multiple purposes: it formally notifies the debtor of their obligation, provides a final opportunity for voluntary compliance, and creates documentary evidence for potential legal proceedings. In the Indian legal system, serving a proper Demand Statement is often a prerequisite to initiating legal recovery proceedings, making it an essential tool in debt recovery and contract enforcement.

What sections should be included in a Demand Statement?

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

2. Recipient Details: Full name, address, and contact information of the debtor

3. Reference Information: Date, reference numbers, and any relevant account numbers

4. Subject Line: Clear indication that this is a formal demand notice

5. Debt Details: Clear statement of the amount owed, including the principal sum and any interest or charges

6. Basis of Demand: Reference to the underlying agreement or circumstances giving rise to the debt

7. Payment Timeline: Clear deadline for payment and acceptable payment methods

8. Consequences Statement: Statement of intended legal action if payment is not received by the specified deadline

What sections are optional to include in a Demand Statement?

1. Previous Communications: Reference to prior demands or communications when this is not the first demand

2. Interest Calculation: Detailed explanation of how interest has been calculated, if applicable

3. Settlement Options: Include when offering alternative payment arrangements or settlement options

4. Multiple Debtor Notice: Special provisions when there are multiple debtors jointly liable for the debt

5. Security Enforcement Notice: Include when the debt is secured and security enforcement is contemplated

6. Without Prejudice Statement: Include when preserving rights for negotiation or future legal action

What schedules should be included in a Demand Statement?

1. Schedule A - Debt Calculation: Detailed breakdown of the principal, interest, charges, and total amount demanded

2. Schedule B - Payment History: Summary of previous payments made and remaining balance

3. Schedule C - Supporting Documents: Copies of relevant contracts, invoices, or other documents evidencing the debt

4. Schedule D - Interest Calculation: Detailed calculation of interest charges if complex or covering multiple periods

5. Appendix 1 - Communication Log: Record of previous demands and communications regarding the debt

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

India

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
Relevant Industries

Banking and Financial Services

Manufacturing

Retail

Real Estate

Construction

Information Technology

Professional Services

Healthcare

Education

Telecommunications

Logistics and Transportation

Energy and Utilities

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Collections

Risk Management

Compliance

Treasury

Corporate Secretarial

Business Operations

Relevant Roles

Credit Manager

Collections Officer

Legal Counsel

Accounts Receivable Manager

Finance Director

Chief Financial Officer

Recovery Specialist

Business Development Manager

Contract Manager

Risk Manager

Compliance Officer

Treasury Manager

Financial Controller

Company Secretary

Legal Administrator

Industries
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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