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Legal Notice For Non Payment

Legal Notice For Non Payment Template for New Zealand

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Key Requirements PROMPT example:

Legal Notice For Non Payment

"I need a Legal Notice for Non Payment for my manufacturing company to send to a client who has failed to pay three invoices totaling NZD 45,000 that were due on January 15, 2025; we've already sent two reminder emails without response."

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Document background
The Legal Notice For Non-Payment is a critical document in New Zealand's commercial and legal landscape, used when a party has failed to meet their payment obligations under a contract or agreement. This formal notice is typically issued after informal payment requests have been unsuccessful and before initiating legal proceedings. It must comply with New Zealand legislation, including the Contract and Commercial Law Act 2017 and the Credit Contracts and Consumer Finance Act 2003. The document should clearly state the amount owed, payment history, deadline for payment, and potential consequences of continued non-payment. It serves multiple purposes: formally documenting the payment demand, providing the debtor with a final opportunity to settle, and establishing evidence of reasonable debt recovery attempts if legal action becomes necessary.
Suggested Sections

1. Sender Details: Full legal name and contact details of the creditor or their legal representative

2. Recipient Details: Full legal name and address of the debtor

3. Date: Current date of the notice

4. Reference Line: Clear subject line identifying this as a formal payment notice

5. Debt Details: Specific details of the outstanding amount, including original amount, interest, and current total

6. Payment History: Brief summary of previous payments and failed payment attempts

7. Legal Basis: Reference to the underlying contract or obligation creating the debt

8. Demand Statement: Clear statement of demand for payment, including the total amount due

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

10. Consequences: Clear statement of legal actions that will be taken if payment is not received

11. Closing: Formal closing and signature block

Optional Sections

1. Security Interest Notice: Include when the debt is secured against specific assets or property

2. Guarantor Notice: Include when there are guarantors who need to be notified of the payment default

3. Interest Calculation: Detailed breakdown of interest calculations when claiming statutory or contractual interest

4. Previous Correspondence: Reference to previous payment requests when multiple notices have been sent

5. Payment Plan Option: Include when willing to accept payment by installments

6. GST Statement: Include when the debt includes GST components that need to be specifically identified

7. Dispute Resolution: Include when specific dispute resolution procedures are available or required

Suggested Schedules

1. Statement of Account: Detailed breakdown of all transactions, payments, and interest charges

2. Copy of Original Contract: Copy of the agreement or contract that established the payment obligation

3. Payment History Log: Chronological record of all payments made and missed payments

4. Interest Calculation Schedule: Detailed calculations of interest charges and penalties

5. Previous Notices: Copies of previous payment demands or correspondence 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

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

Retail

Manufacturing

Professional Services

Construction

Real Estate

Financial Services

Healthcare

Technology

Wholesale Trade

Education

Hospitality

Transport and Logistics

Agriculture

Mining and Resources

Utilities

Relevant Teams

Finance

Legal

Accounts Receivable

Credit Control

Collections

Risk Management

Commercial Operations

Contract Administration

Treasury

Compliance

Relevant Roles

Finance Manager

Credit Controller

Accounts Receivable Officer

Collections Manager

Financial Controller

Legal Counsel

Company Secretary

Credit Manager

Debt Recovery Specialist

Business Owner

Contract Administrator

Chief Financial Officer

Accounts Manager

Commercial Manager

Risk Manager

Industries
Contract and Commercial Law Act 2017: Provides the legal framework for contract formation, enforcement, and remedies for breach of contract, including non-payment situations
Credit Contracts and Consumer Finance Act 2003: Regulates credit contracts and debt collection practices, including requirements for payment notices and debt collection procedures
Property Law Act 2007: Relevant for secured debts and property-related payments, including mortgage enforcement and lease payment defaults
Limitation Act 2010: Sets time limits for bringing legal claims for debt recovery, typically 6 years for contract-based claims
Fair Trading Act 1986: Ensures fair commercial practices in debt collection and prohibits misleading or deceptive conduct in trade
District Court Act 2016: Establishes jurisdiction and procedures for debt recovery proceedings in the District Court
Disputes Tribunal Act 1988: Provides framework for resolving payment disputes through the Disputes Tribunal for claims up to $30,000
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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