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Demand Letter Before Lawsuit

Demand Letter Before Lawsuit Template for Philippines

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Key Requirements PROMPT example:

Demand Letter Before Lawsuit

"I need a Demand Letter Before Lawsuit for an unpaid construction contract worth PHP 2.5 million, with a 30-day payment deadline starting January 15, 2025, including a detailed breakdown of the overdue progress payments and accrued interest."

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Document background
The Demand Letter Before Lawsuit is a critical pre-litigation document in the Philippine legal system, serving as a final formal attempt to resolve payment disputes before initiating court proceedings. This document is typically used when previous informal collection attempts have failed and the creditor is prepared to escalate to legal action. It must comply with Philippine civil law requirements and should include specific details about the debt, payment history, and a reasonable timeframe for response. The letter serves multiple purposes: it formally documents the demand for payment, establishes a timeline for legal proceedings, and may be used as evidence in court. Under Philippine jurisdiction, sending this type of demand letter is often considered a necessary step before filing a collection lawsuit, demonstrating the creditor's good faith attempt to resolve the matter outside of court.
Suggested Sections

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

2. Date: Current date of the letter, which is crucial for establishing timeline of demand

3. Recipient's Details: Complete name and address of the debtor (individual or business)

4. Subject Line: Clear indication that this is a formal demand letter and reference to the specific debt or obligation

5. Debt Details: Precise description of the debt, including original amount, current amount with interest if applicable, and date the debt was incurred

6. Legal Basis: Reference to the underlying contract or obligation that created the debt

7. Payment History: Summary of any previous payments made and failed payment attempts

8. Demand Statement: Clear statement of demand for payment, including the exact amount and deadline

9. Consequences of Non-Payment: Statement of legal actions that will be taken if payment is not received by the deadline

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

11. Closing: Professional closing with contact information for response

Optional Sections

1. Previous Communications: Reference to prior attempts to collect the debt, used when there have been previous collection attempts

2. Interest Calculation: Detailed breakdown of how interest has been calculated, used when claiming interest on the debt

3. Settlement Options: Proposed payment arrangements or settlement options, used when the creditor is willing to negotiate

4. Third Party Authorization: Statement of authority if sending on behalf of another party, used when the sender is a collection agency or law firm

5. Dispute Notice: Information about the debtor's right to dispute the debt, used particularly in consumer debt cases

6. Without Prejudice Statement: Legal reservation of rights, used in more formal or complex cases

Suggested Schedules

1. Statement of Account: Detailed breakdown of the debt, including principal, interest, and other charges

2. Supporting Documents: Copies of relevant contracts, invoices, or other documents proving the debt

3. Payment History Record: Detailed record of all payments and attempts to collect

4. Correspondence Log: Copies of previous relevant 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

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

Banking and Finance

Real Estate

Retail

Manufacturing

Professional Services

Construction

Healthcare

Technology

Education

Telecommunications

Insurance

Transportation and Logistics

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Collections

Risk Management

Compliance

Treasury

Corporate Secretariat

Relevant Roles

Credit Manager

Collections Officer

Legal Counsel

Finance Director

Accounts Receivable Manager

Chief Financial Officer

Business Owner

Credit Controller

Legal Manager

Risk Manager

Compliance Officer

Corporate Secretary

Treasury Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Fundamental law governing civil obligations, contracts, and remedies for breach of contract in the Philippines. Particularly relevant are Book IV on Obligations and Contracts and provisions on demand and default.
Rules of Court of the Philippines: Procedural rules that govern civil proceedings, including requirements for proper notice before filing a lawsuit and rules on service of documents.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumers against unfair debt collection practices and establishes requirements for communication with debtors.
The Corporation Code of the Philippines (Batas Pambansa Blg. 68): Relevant when dealing with corporate debtors, establishing rules for serving demands on corporations and their officers.
Access to Justice Act (Republic Act No. 9285): Promotes alternative dispute resolution methods before pursuing litigation, which may influence the content and tone of demand letters.
Data Privacy Act of 2012 (Republic Act No. 10173): Ensures protection of personal information in communications, including demand letters, and sets standards for handling sensitive financial information.
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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