Bad Check Demand Letter for Malaysia

Bad Check Demand Letter Template for Malaysia

A Bad Check Demand Letter is a formal written notice used in Malaysia to demand payment for a dishonored check, drafted in accordance with Malaysian banking and commercial laws, particularly the Bills of Exchange Act 1949. This document serves as a crucial pre-litigation tool that formally notifies the check issuer of the payment failure, demands immediate remedy, and establishes a paper trail for potential legal proceedings. The letter includes specific details about the dishonored check, clear payment demands, and references to relevant Malaysian legislation, while adhering to local legal requirements for such notices.

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What is a Bad Check Demand Letter?

The Bad Check Demand Letter is a critical document used in Malaysian business and legal practice when a check has been dishonored due to insufficient funds, account closure, or other reasons. This document serves as the first formal step in the debt recovery process, typically issued after a check has been returned by the bank but before initiating legal proceedings. It must comply with Malaysian banking regulations and the Bills of Exchange Act 1949, containing specific details about the dishonored check, clear payment demands, and potential consequences of non-payment. The letter is designed to establish a formal record of the demand for payment while providing the check issuer with a final opportunity to settle the matter before legal action is taken. It's particularly important in Malaysian jurisdiction as it can later serve as evidence in court proceedings and demonstrates the payee's attempt to resolve the matter amicably.

What sections should be included in a Bad Check Demand Letter?

1. Sender's Information: Full name, address, and contact details of the person or entity making the demand

2. Date: Current date of the letter

3. Recipient's Information: Full name, address, and contact details of the check issuer

4. Subject Line: Clear indication that this is a demand letter regarding a dishonored check

5. Check Details: Specific details of the dishonored check including check number, date, amount, and bank details

6. Incident Description: Clear description of when and how the check was dishonored

7. Legal Basis: Reference to relevant sections of Malaysian Bills of Exchange Act 1949 and other applicable laws

8. Demand Statement: Clear statement of demand for payment, including the exact amount and any additional bank charges

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

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

11. Closing: Formal closing statement, signature block, and sender's signature

What sections are optional to include in a Bad Check Demand Letter?

1. Previous Communications: Reference to any prior attempts to resolve the matter, used when there have been previous contact attempts

2. Additional Charges: Breakdown of any additional fees or charges being claimed, used when claiming more than the check amount

3. Without Prejudice: Legal disclaimer to protect the sender's rights, used in cases where negotiation might be ongoing

4. Carbon Copy Recipients: List of other parties receiving copies, used when relevant parties like lawyers or banks need to be informed

What schedules should be included in a Bad Check Demand Letter?

1. Copy of Dishonored Check: Photocopy or image of the bounced check

2. Bank Notice: Copy of the bank's dishonor notice or return memo

3. Transaction History: Relevant transaction records or previous payment attempts if applicable

4. Proof of Delivery: Tracking information for registered mail delivery of the demand letter

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

Malaysia

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
Relevant Industries

Banking and Financial Services

Retail

Wholesale Trade

Manufacturing

Construction

Professional Services

Real Estate

Legal Services

Small Business

E-commerce

General Commerce

Logistics and Transportation

Relevant Teams

Legal

Finance

Accounts Receivable

Treasury

Credit Control

Collections

Compliance

Operations

Risk Management

Corporate Secretarial

Relevant Roles

Accounts Receivable Manager

Credit Controller

Financial Manager

Collections Specialist

Legal Counsel

Corporate Lawyer

Finance Director

Accounting Manager

Treasury Manager

Credit Risk Officer

Business Owner

Company Secretary

Compliance Officer

Operations Manager

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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