Without Prejudice (save as to costs) Letter of Demand pursuant to. Magistrates' Court General Civil Procedure Rules of the Magistrates Court

Transcription

1 Your Reference: our law firm's website. Depending how you answer the questions the 21 Henry Street Melbourne VIC 3004 document and our letter may be different. We have a 100% money back guarantee. For any reason you can return the document to us for a full Thursday, 14 April 2016 refund. Patrick David Johnson 53 Moore Street Hawthorn VIC 3122 This is a sample of the document you are building on Dr Brett Davies Partner Legal Consolidated Barristers & Solicitors Without Prejudice (save as to costs) Letter of Demand pursuant to Magistrates' Court General Civil Procedure Rules 2010 of the Magistrates Court in the State Defendant Patrick David Johnson 53 Moore Street Hawthorn VIC 3122 Plaintiff 21 Henry Street Melbourne VIC 3004 What is this page? Debt to be $50000 This is the Letter of Demand, which the subject tells the Defendant what they owe of future you, why and how long they have to litigation pay it. It is often a legal requirement to inform someone whom you plan to sue via a letter of this type before you This letter advises that the aforementioned named Plaintiff seeks to recover the debt from commence proceedings. you for, inter alia: 1. On 6 January 2016 the Defendant requested a loan of money from the Plaintiff.

2 Letter of Demand Page 2 2. The Plaintiff lent money to the Defendant on 12 January Build the legal document at legalconsolidated.com.au - telephone us. We can 3. The Plaintiff lent the money help at you 53 Moore complete Street, the Hawthorn questions. by providing a bank cheque. On law firm's website you: 1. retain legal professional privilege 4. The amount lent was $ benefit from the law firm's PI insurance 3. receive legal advice 5. The agreement regarding 4. repayment get a signed was letter to repay with $25000 the legal on 12 document. February 2016 and $25000 on 12 March Only a law firm provides the above. We also offer a 100% money back guarantee on every document you build. 6. The Defendant has failed to repay the loan. Dr Brett Davies, Partner 7. As of today's date the Amount that remains unpaid is $ The Plaintiff claims (a) Debt of $50000 (b) Interest Enclosed is a draft Statement of Claim in the Form 5A format of the General Procedure Claim which will be lodged at the Magistrates Court and served upon you unless you make full payment of $50000, directly to the Plaintiff at the address: 21 Henry Street Melbourne VIC 3004 Answer the questions and this document is built for you on our law firm s website. within 10 working days of the date of this Letter of Demand. If the person that owes you the money doesn t pay you within If this matter is not resolved 10 by days the of time you specified posting the above, Demand our client Letter reserves to them then right to you commence legal proceedings lodge to the recover following the debt Writ without the further Court. notice The to Court you and arranges this letter may be tendered in court the as evidence Bailiff to of serve your the failure Writ to on pay. the Legal debtor. action may result in you having to pay legal costs, interest and could impact on your credit history. Yours sincerely,

3 MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 Rule 5.02(1) FORM 5A COMPLAINT IN THE MAGISTRATES COURT OF VICTORIA AT BETWEEN OF 21 Henry Street Melbourne VIC 3004 How to build this document: 1. Register for free 2. Build - get legal advice as you build. Pay for the document with your credit card. 3. Download - Print, and sign your legal document. There is a 100% money back guarantee. Court Number: Plaintiff And Patrick David Johnson OF 53 Moore Street Hawthorn VIC 3122 Defendant Date of Document: Filed on behalf of: n lawyer name: Address: Code: Telephone: Reference:

4 1. The address for service of the plaintiff is (address must be within Victoria if the plaintiff sues in person) 21 Henry Street You did some work. You lent someone some Melbourne money. They now don t want to pay you. They VIC 3004 know it costs thousands to use a lawyer. Our law firm has changed all this. You don t need to see a lawyer to recover your money. When you build *2. Name and business this document, address you within get a: Victoria of the n lawyer for the plaintiff (if the n lawyer is acting as agent for another n lawyer, state the name and business address of the principal lawyer) Letter of Demand Writ *3. The plaintiff sues (or the defendant is sued) in the following representative Our letter to you confirming the above capacity (e.g. as administrator of the estate of) NOTICE TO THE DEFENDANT If you need an interpreter to help you read this document contact details for most languages are listed at The plaintiff s claim against you is set out in the Statement of Claim. You MUST READ the Statement of Claim. IF YOU INTEND TO DEFEND this Complaint, YOU MUST GIVE NOTICE OF DEFENCE within 21 days of the day you were served with this Complaint, to (a) the plaintiff (at the address for service of the plaintiff as stated above); and (b) the registrar of if they Magistrates don t pay, then Court you of take Victoria the Writ at (insert to the proper venue and address): What you do: After you build the Letter of Demand and Writ: post the Letter of Demand and Writ to the person that owes you the money. court and they arrange a Bailiff to serve it. NOTICE OF DEFENCE must be given in the proper form (Form 8A, 2 copies of which have been served with this Complaint) and you must read and comply with the notes attached to that document. You may attach additional pages, if needed.

5 IF YOU PAY the Plaintiff Why is within a Letter 21 of days Demand of service and Writ of this sent Complaint to the the amount of $50000 to the plaintiff or to the plaintiff s n lawyer without giving notice of Defendant? defence and the plaintiff accepts that payment in full satisfaction of the claim (including any interest It shows: and costs), the proceeding ends on that acceptance. 1. the person who owes you the money IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS of service of this (Defendant) how serious you are about Complaint and have not paid the claim and the costs, the plaintiff may, without there being a hearing of recovering this claim the by debt. the Court and without giving you any further notice, apply to 2. the that Court you for are an not ORDER afraid to (JUDGMENT) pursue the AGAINST YOU for the amount of the claim and matter interest court and costs AND take steps to enforce the order (judgment) and obtain payment. 3. clearly: how much you are owed, who owes it to you, why they owe it to you The Court s registrars do NOT provide legal or financial advice but may provide some information to you about and how the actions long they and have processes to pay you you the must undertake in order to defend this claim. money. If after 10 days of receiving the Letter of If before giving NOTICE OF DEFENCE, you wish to get FREE LEGAL or FINANCIAL ADVICE Demand you may your be Defendant able to do does so from not pay free then legal you advice services and free financial counselling services. lodge the Writ at the Court. Those services are not employed by or under the control of the Court and therefore the Court cannot recommend any of them, but contact details for such services together with some practical assistance can be obtained from the Magistrates Court s website at Your local municipal Who are council the Plaintiff/Claimant may also be able and to Defendant? provide contact details for community services in your area that may be able to assist you. These are the legal names. The Plaintiff is you, you are bringing the claim. You are owed the money. The Defendant is the Payment of Judgment Debt by Instalments person who owes you the money. IF YOU DO NOT defend this claim and do not reach agreement with the plaintiff relating to the time for payment after an order (judgment) against you, you may apply to the Court for an order permitting you to pay that order (judgment) by instalments. The Court will consider your application and advise you of the outcome. The Court s registrars will be able to provide you with information about the process to apply for an order for payment of the judgment debt by instalments.

6 STATEMENT OF CLAIM (Here set out in numbered consecutive paragraphs all the material facts relied on for the claim against the defendant including particulars of every fact or matter. If the claim arises This by or document under any statute, is the identify official the court specific document provision relied on. State specifically the amount or other that relief sets or remedy out: sought. State the place where and the date when the claim arose. 1. How much you are owed If the claim arises out of a motor vehicle collision and the claim includes a claim for the costs of repairs to the vehicle 2. Who or total owes loss it of to the you vehicle, an itemised quotation of the costs of the repairs or an assessment of the 2. loss Why (whichever you believe is relevant) the other must person be attached or business to this complaint.) owes you the money 1. On 6 January 2016 the Defendant requested a loan of money from the Plaintiff. 4. How long they have to pay you the money 2. The Plaintiff lent money to the Defendant on 12 January The Plaintiff lent the money at 53 Moore Street, Hawthorn by providing a bank cheque. 4. The amount lent was $ The agreement Issuing regarding a Letter repayment of Demand was to is repay part $25000 of a debt on 12 collection February 2016 and $25000 on 12 March strategy The Defendant It has has been failed shown to repay that the Businesses loan. that are aggressive or uncaring in their collection activities are far less successful 7. As of today's date the Amount that remains unpaid is $ at collecting overdue accounts. We assume that once you 8. The Plaintiff are claims at this point of your debt collection you have tried (a) Debt of $50000 every other avenue to recover. The courts always prefer (b) Interest you try and settle out of court first.

7 DATE OF FILING: Of course, sometimes it is possible to end up in a debt recovery situation through no fault of your THIS COMPLAINT IS VALID IF IT BEARS THE COURT NUMBER AND THE DATE own. OF FILING However there is some knowledge that may help you for next time. For example The longer you leave a debt, the harder it Dated: Thursday, 14 April 2016 is to collect on it, so stay on top of your unpaid invoices. Have customers pay in instalments or deposits so that you avoid them owing you large debts (To be signed by the plaintiff or the plaintiff s n lawyer) Check your client s credit history Always get as much as you can in *Delete if not applicable writing, it will help you in this situation where you have decided to pursue litigation. There is a 100% money back guarantee on this document. 1. Register for free 2. Build - get legal advice as you build. Pay for the document with your credit card. 3. Download - Print, and sign your legal document. If you have any questions at all, contact us, we can give you legal advice as we are a law firm.

8 Your Reference: Enquiries: Dr Brett Davies Direct Telephone: Thursday, 14 April Henry Street Melbourne VIC 3004 Dear Plaintiff, Thank you for building your Letter of Demand on our law firm s website. Please read the document carefully to ensure that it fully expresses your wishes. Post a copy of the Letter of Demand together with the draft Statement of Claim to the defendant. If there is more than one defendant, mail a separate copy to each defendant. After mailing the Letter of Demand and draft Statement of Claim, if you have no response or an unsatisfactory response within 10 working days, then: a. Sign the Statement of Claim and make three copies. b. File the Statement of Claim at the Magistrates Court and pay the fees. c. The court will serve the Statement of Claim using their Bailiffs. We wish you all the best in getting justice in your matter. Yours sincerely, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD LEGAL CONSOLIDATED BARRISTERS & SOLICITORS