Letter Of Demand Cost for South Africa

Letter Of Demand Cost Template for South Africa

A Letter of Demand for Costs is a formal legal document used in South African jurisdiction to demand payment of legal costs that have been awarded by a court or agreed upon between parties. The document serves as a final notice before legal proceedings are initiated for cost recovery. It must comply with South African legal requirements, including the Legal Practice Act, Prescription Act, and relevant court rules. The letter typically includes detailed cost calculations, references to court orders or agreements, payment terms, and consequences of non-payment. It is an essential tool in the legal cost recovery process and often serves as a prerequisite for further legal action.

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What is a Letter Of Demand Cost?

The Letter of Demand for Costs is a crucial document in South African legal practice, used when one party seeks to recover legal costs from another party following legal proceedings or agreements. This document type is essential in both civil and commercial matters where costs have been awarded by a court or agreed upon between parties. The letter must be drafted in compliance with South African legislation, including the Legal Practice Act, Debt Collectors Act, and relevant court rules. A properly drafted Letter of Demand for Costs should clearly state the amount claimed, provide detailed breakdowns of costs, reference any relevant court orders or agreements, and specify payment terms and deadlines. It serves as a final warning before initiating enforcement proceedings and is often required as evidence in subsequent legal actions for cost recovery. The document is particularly important in maintaining professional standards in legal cost recovery and ensuring procedural fairness in the South African legal system.

What sections should be included in a Letter Of Demand Cost?

1. Letterhead and Date: Legal firm's letterhead, reference numbers, and current date

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

3. Subject Line: Clear indication that this is a Letter of Demand for Costs, including relevant case number if applicable

4. Matter Reference: Reference to the specific legal matter or case that gave rise to the costs

5. Cost Order Details: Reference to and details of any court order or agreement regarding costs

6. Amount Claimed: Clear statement of the total amount being claimed

7. Payment Instructions: Banking details and payment deadline

8. Consequences of Non-Payment: Clear statement of legal actions that will follow if payment is not made

9. Closing: Formal closing, signature block, and attorney details

What sections are optional to include in a Letter Of Demand Cost?

1. Previous Correspondence: Reference to prior attempts to recover costs, used when there has been previous communication

2. Settlement Offer: Optional terms for settlement or payment arrangements, included when willing to negotiate

3. Interest Calculation: Detailed explanation of interest charged, included when claiming interest on the costs

4. Taxation Details: Reference to taxation of bill of costs, included when costs have been taxed

5. Client Instructions: Reference to client's instructions regarding recovery, included when acting on behalf of a client

What schedules should be included in a Letter Of Demand Cost?

1. Bill of Costs: Detailed itemization of all costs being claimed, including dates, descriptions, and amounts

2. Court Order: Copy of the court order granting costs, if applicable

3. Taxation Sheet: Copy of the taxed bill of costs, if the bill has been taxed

4. Interest Calculation Schedule: Detailed breakdown of interest calculations if interest is being claimed

5. Previous Payments Schedule: Record of any partial payments already made, if applicable

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

South Africa

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Insurance

Banking

Corporate

Public Sector

Healthcare

Construction

Real Estate

Manufacturing

Mining

Retail

Professional Services

Relevant Teams

Legal

Finance

Compliance

Collections

Risk Management

Corporate Secretariat

Accounts Receivable

Dispute Resolution

Administration

Credit Control

Relevant Roles

Attorney/Lawyer

Legal Cost Consultant

Debt Collection Manager

Legal Practice Manager

Compliance Officer

Financial Manager

Corporate Counsel

Legal Secretary

Paralegal

Accounts Manager

Chief Legal Officer

Risk Manager

Credit Controller

Collections Specialist

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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