About Letters Of Demand
Learn more about sending a letter of demand in WA.
When you're ready make a quick enquiry.
- Our Process
- Sending A Demand
- Receiving A Demand
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss your debt problem in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our debt lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your debt lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
What is your position
If you have received a letter of demand there are several options depending on the nature of the debt:
Getting started
If you are owed money from another person you are a creditor and the person owing you the money is the debtor. If the debtor will not for whatever reason repay you the money owed there are various methods of getting the money back.
First, you may wish to negotiate with the debtor. This can be done informally between yourself and the debtor or more formally with legal assistance from a lawyer.
Second, if negotiations have not worked, you may wish to send a letter demanding payment. This is called a letter of demand.
Third, you may wish to go to court. However, this is usually used as a last resort. Going to court can be a very lengthy and expensive process. Before proceeding to court, legal advice would be appropriate in order to see if court proceedings is the appropriate way of settling the debt owed to you. Generally, this should only be done if none of the previous steps above have worked and even then legal advice should still be sought.
What is a letter of demand?
If negotiating with the other party doesn’t work, you should write a letter of demand. A letter of demand is a formal letter to the other party stating that there is a debt owed to you. It also contains a payment deadline. The letter should state that if they don’t pay you within the deadline, you will take them to court. You should get legal advice before sending your letter of demand.
A letter of demand should:
- State the debt amount;
- Set out the date(s) the debt was incurred;
- State the amount of the debt;
- Include copies of quotes of invoices; and
- Note you have a right to legal action.
- Set out a time limit to reply
Your lawyer can send the letter of demand by registered post and keep the signed postal receipt. Your lawyer will keep all copies of the letters that are sent to the other party on file. If the debt is not paid, these letters can be used as evidence to support your case in court.
Without Prejudice
You may wish to add the phrase ‘without prejudice’ to your letter of demand.
‘Without prejudice’ is used when you want to write a letter that does not affect your legal rights. It means you don’t intend to damage your existing rights or claims with what you say in the letter if the dispute needs to be settled in court. If the letter has been written with the phrase ‘without prejudice’ it cannot be used in court as evidence against you. You can still bring the letter to court but cannot give it to the magistrate as evidence. You can refer to it but only to show that you tried to negotiate a solution. You could not, for example, refer to specific phrases or the content of paragraphs in the letter of demand if it has been written ‘without prejudice’.
It is best to get legal advice as to whether your letter of demand should be written with prejudice or not.
If the demand is ignored
In your letter of demand you will have set out a time limit to reply and the amount of money owed. If you do not get a response within this time limit or you are not given the amount of money you may need to start court proceedings. This step should only be taken as a last resort, and you should always seek legal advice before going to court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
What is your position
If you have received a letter of demand there are several options depending on the nature of the debt:
You agree with the debt but it is an old one
Time limits may apply preventing the creditor from collecting the debt. Get legal advice to find out if this is the case.
You disagree with the amount in the demand
You should talk about this with the creditor. If they agree with you, write them a letter when you make the payment saying that both of you agree that this is the correct amount. Keep a copy of it. If you can’t agree, get legal advice.
You think you have already resolved this debt
You should talk to the creditor about this. If they agree, write them a letter saying you both agree that the debt is settled. Keep a copy of it. If you can’t agree, get legal advice.
You think someone else owes the money
You should talk to the creditor about this. If they agree, write them a letter saying you both agree that the debt is settled. Keep a copy of it. If you can’t agree, get legal advice.
You think you have a good reason to not pay the debt
You should talk to the creditor about this. If they agree, write them a letter saying you both agree that the debt is settled. Keep a copy of it. If you can’t agree, get legal advice to see if you have any legal defences to not pay the debt.
You agree that the debt is correct
First check with legal advice whether the creditor has not run out of time to chase you for the debt. If you are sure the amount is correct and within time, you should work out with the creditor what is the best method to pay off the debt.
Put any payment plan in writing and send it to the creditor. Keep a copy of it. If the creditor accepts your offer of repayment, you should again write to them confirming the arrangement. Keep a copy.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss your debt problem in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Appointment with our debt lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your debt lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Sending A Demand
What is your position
If you have received a letter of demand there are several options depending on the nature of the debt:
Getting started
If you are owed money from another person you are a creditor and the person owing you the money is the debtor. If the debtor will not for whatever reason repay you the money owed there are various methods of getting the money back.
First, you may wish to negotiate with the debtor. This can be done informally between yourself and the debtor or more formally with legal assistance from a lawyer.
Second, if negotiations have not worked, you may wish to send a letter demanding payment. This is called a letter of demand.
Third, you may wish to go to court. However, this is usually used as a last resort. Going to court can be a very lengthy and expensive process. Before proceeding to court, legal advice would be appropriate in order to see if court proceedings is the appropriate way of settling the debt owed to you. Generally, this should only be done if none of the previous steps above have worked and even then legal advice should still be sought.
What is a letter of demand?
If negotiating with the other party doesn’t work, you should write a letter of demand. A letter of demand is a formal letter to the other party stating that there is a debt owed to you. It also contains a payment deadline. The letter should state that if they don’t pay you within the deadline, you will take them to court. You should get legal advice before sending your letter of demand.
A letter of demand should:
- State the debt amount;
- Set out the date(s) the debt was incurred;
- State the amount of the debt;
- Include copies of quotes of invoices; and
- Note you have a right to legal action.
- Set out a time limit to reply
Your lawyer can send the letter of demand by registered post and keep the signed postal receipt. Your lawyer will keep all copies of the letters that are sent to the other party on file. If the debt is not paid, these letters can be used as evidence to support your case in court.
Without Prejudice
You may wish to add the phrase ‘without prejudice’ to your letter of demand.
‘Without prejudice’ is used when you want to write a letter that does not affect your legal rights. It means you don’t intend to damage your existing rights or claims with what you say in the letter if the dispute needs to be settled in court. If the letter has been written with the phrase ‘without prejudice’ it cannot be used in court as evidence against you. You can still bring the letter to court but cannot give it to the magistrate as evidence. You can refer to it but only to show that you tried to negotiate a solution. You could not, for example, refer to specific phrases or the content of paragraphs in the letter of demand if it has been written ‘without prejudice’.
It is best to get legal advice as to whether your letter of demand should be written with prejudice or not.
If the demand is ignored
In your letter of demand you will have set out a time limit to reply and the amount of money owed. If you do not get a response within this time limit or you are not given the amount of money you may need to start court proceedings. This step should only be taken as a last resort, and you should always seek legal advice before going to court.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Receiving A Demand
What is your position
If you have received a letter of demand there are several options depending on the nature of the debt:
You agree with the debt but it is an old one
Time limits may apply preventing the creditor from collecting the debt. Get legal advice to find out if this is the case.
You disagree with the amount in the demand
You should talk about this with the creditor. If they agree with you, write them a letter when you make the payment saying that both of you agree that this is the correct amount. Keep a copy of it. If you can’t agree, get legal advice.
You think you have already resolved this debt
You should talk to the creditor about this. If they agree, write them a letter saying you both agree that the debt is settled. Keep a copy of it. If you can’t agree, get legal advice.
You think someone else owes the money
You should talk to the creditor about this. If they agree, write them a letter saying you both agree that the debt is settled. Keep a copy of it. If you can’t agree, get legal advice.
You think you have a good reason to not pay the debt
You should talk to the creditor about this. If they agree, write them a letter saying you both agree that the debt is settled. Keep a copy of it. If you can’t agree, get legal advice to see if you have any legal defences to not pay the debt.
You agree that the debt is correct
First check with legal advice whether the creditor has not run out of time to chase you for the debt. If you are sure the amount is correct and within time, you should work out with the creditor what is the best method to pay off the debt.
Put any payment plan in writing and send it to the creditor. Keep a copy of it. If the creditor accepts your offer of repayment, you should again write to them confirming the arrangement. Keep a copy.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with letter of demand experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
