Promissory Note Default Demand Letter for Nigeria

Promissory Note Default Demand Letter Template for Nigeria

A Promissory Note Default Demand Letter is a formal written notice used in Nigeria to demand payment from a debtor who has defaulted on their promissory note obligations. The document serves as a crucial step in the debt recovery process under Nigerian law, particularly the Bills of Exchange Act and Recovery of Debts Act. It formally notifies the debtor of their default, states the amount due including any applicable interest and penalties, and demands payment within a specified timeframe. The letter also serves as important documentation for any subsequent legal proceedings if the debt remains unpaid.

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What is a Promissory Note Default Demand Letter?

The Promissory Note Default Demand Letter is a critical document in Nigerian commercial and financial practice, used when a debtor has failed to honor their payment obligations under a promissory note. This document is essential for initiating formal debt recovery proceedings and must comply with Nigerian legislation, particularly the Bills of Exchange Act and the Recovery of Debts Act. It should be issued promptly after default and include specific details about the original promissory note, the nature of the default, exact amounts owed (including principal, interest, and any penalties), and a clear payment deadline. The letter serves multiple purposes: it formally documents the default, provides the debtor with a final opportunity to pay, and establishes evidence of demand for any subsequent legal proceedings. This document is particularly important in Nigerian jurisdiction as it often serves as a prerequisite for legal action and must be carefully drafted to ensure enforceability.

What sections should be included in a Promissory Note Default Demand Letter?

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

2. Date: Current date of the demand letter

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

4. Subject Line: Clear reference to 'DEMAND NOTICE - DEFAULT ON PROMISSORY NOTE' with relevant reference numbers

5. Promissory Note Reference: Details of the original promissory note including date, principal amount, and relevant terms

6. Default Statement: Clear statement of the default, including dates and amounts of missed payments

7. Current Amount Due: Detailed breakdown of the total amount due, including principal, interest, and any applicable penalties

8. Demand for Payment: Formal demand for immediate payment with specific deadline

9. Legal Consequences: Statement of legal actions that may be taken if payment is not received

10. Payment Instructions: Clear instructions on how and where to make the payment

11. Closing: Formal closing, signature block, and contact information for response

What sections are optional to include in a Promissory Note Default Demand Letter?

1. Previous Communications: Reference to any previous attempts to collect the debt or relevant communications - include when there has been prior correspondence

2. Payment History: Summary of payments made and missed - include when there have been partial payments

3. Settlement Offer: Proposed payment arrangement or settlement terms - include when willing to negotiate terms

4. Collateral Reference: Reference to any security or collateral tied to the promissory note - include when the note is secured

5. Agent Authorization: Statement of authority if sending on behalf of another party - include when letter is sent by a representative

6. Without Prejudice: Legal reservation of rights - include when offering settlement or negotiation terms

What schedules should be included in a Promissory Note Default Demand Letter?

1. Schedule A - Original Promissory Note: Copy of the original signed promissory note

2. Schedule B - Payment History Statement: Detailed statement showing all payments made and missed, with dates and amounts

3. Schedule C - Interest Calculation: Detailed breakdown of interest calculations and late payment penalties

4. Schedule D - Previous Correspondence: Copies of relevant previous demand notices or communications regarding the default

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

Nigeria

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
Relevant Industries

Banking & Financial Services

Commercial Lending

Real Estate

Manufacturing

Retail

Construction

Agriculture

General Commerce

Professional Services

Small Business

Relevant Teams

Legal

Finance

Credit Control

Collections

Risk Management

Treasury

Commercial Operations

Corporate Secretariat

Compliance

Relevant Roles

Credit Manager

Financial Controller

Collections Officer

Legal Counsel

Debt Recovery Specialist

Account Manager

Finance Director

Company Secretary

Risk Manager

Treasury Manager

Chief Financial Officer

Commercial 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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