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

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1 Your Reference: Our Reference: bkd:7741 Thursday, 31 March 2016 Jason Thomas Patrick 12 Peel Street South Brisbane QLD 4101 Without Prejudice (save as to costs) Defendant Plaintiff Letter of Demand pursuant to Uniform Civil Procedure Rules 1999 of the Magistrates Court in the State of Queensland return the document to us for a full Jason Thomas Patrick 12 Peel Street refund. South Brisbane QLD 4101 Dr Brett Davies Partner David Joseph Stevens 34 College Road Brisbane QLD 4000 This is a sample of the document you are building on our law firm's website. Depending how you answer the questions the document and our letter may be different. We have a 100% money back guarantee. For any reason you can Legal Consolidated Barristers & Solicitors What is this page? This is the Letter of Demand, which Debt to be the subject of future litigation $50000 tells the Defendant what they owe you, why and how long they have to pay it. It is often a legal requirement to inform someone whom you plan to sue via a letter of this type before you commence proceedings. This letter advises that the aforementioned named Plaintiff seeks to recover the debt from you for, inter alia: 1. On 6 January 2016 the Defendant requested a loan of money from the Plaintiff. bkd:7741

2 Letter of Demand Page 2 2. The Plaintiff lent money to the Defendant on 12 January The Plaintiff lent the money at 12 Peel Street, South Brisbane by providing a bank cheque. 4. The amount lent was $ Build the legal document at 5. The agreement regarding repayment was to repay $25000 on 12 February 2016 legalconsolidated.com.au - telephone and $25000 on 12 March us. We can help you complete the questions. 6. The Defendant has failed to repay On the law loan. firm's website you: 7. As of today's date the Amount that 2. remains benefit from unpaid the is law $ firm's PI 8. The Plaintiff claims (a) Debt of $50000 (b) Interest We also offer a 100% money back Enclosed is a draft Statement of Claim in the Form 2 and Form 16 format of the General guarantee on every document you Procedure Claim which will be lodged at the Magistrates Court of Queensland and served build. upon you unless you make full payment of $50000, directly to the Plaintiff at the address: Dr Brett Davies, Partner 34 College Road Brisbane QLD 4000 Answer the questions and this document is built for you on within 10 working days of the date of this Letter of Demand. our law firm s website. If this matter is not resolved by the time specified above, our client reserves the right to If the person that owes you the money doesn t pay you within commence legal proceedings to recover the debt without further notice to you and this letter 10 days of you posting the Demand Letter to them then you may be tendered in court lodge as evidence the following of your Writ failure with to pay. the Legal Court. action The Court may result arranges in you having to pay legal costs, the interest Bailiff and to could serve impact the Writ on on your the credit debtor. history. Yours sincerely, 1. retain legal professional privilege insurance 3. receive legal advice 4. get a signed letter on our law firm's letterhead with the legal document. Only a law firm provides the above. Dr Brett Davies, CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD LEGAL CONSOLIDATED BARRISTERS & SOLICITORS bkd:7741

3 FORM 2 MAGISTRATES COURT OF QUEENSLAND REGISTRY: NUMBER: Plaintiff: David Joseph Stevens and Defendant: Jason Thomas How to Patrick 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.

4 CLAIM The plaintiff claims: $50000 The plaintiff makes this claim in reliance on the facts alleged in the attached Statement of Claim. ISSUED WITH THE AUTHORITY OF THE MAGISTRATES COURT OF QUEENSLAND And filed in the (place) You did some work. You lent someone some money. They now don t want to pay you. They 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 Registry on (date): this document, you get a: To the defendant[s]: Letter of Demand on our law firm s Registrar: (Registrar to sign and seal) letterhead signed by one of our partners Writ Our letter to you confirming the above TAKE NOTICE that you are being sued by the plaintiff in the Court. If you intend to dispute this claim or wish to raise any counterclaim against the plaintiff, you must within 28 days of the service upon you of this claim file a Notice of Intention to Defend in this Registry. If you do not comply with this requirement judgment may be given against you for the relief claimed and costs without further notice to you. The Notice should be in Form 6 to the Uniform Civil Procedure Rules. You must serve a sealed copy of it at the plaintiff s address for service shown in this claim as soon as possible. Address of Registry: (insert relevant What street you do: address) After you build the Letter of Demand and Writ: [For the Magistrates Court insert: post the Letter of Demand and Writ to the person that owes you the money. if they don t pay, then you take the Writ to the court and they arrange a Bailiff to serve it. If the claim is for an amount of not more than $25,000.00, and the claim is not to recover a debt or liquidated demand, then the claim is a minor claim. Simplified procedures apply to minor claims. (see rule 515 of the Uniform Civil Procedure Rules 1999). ]

5 If you assert that this Court does not have jurisdiction in this matter or assert any irregularity you must file a Conditional Notice of Intention to Defend in Form 7 under Rule 144, and apply for an order under Rule 16 within 14 days of filing that Notice. Why is a Letter of Demand and Writ sent to the If you object that these proceedings have not been commenced in the correct district of the Court, that objection must Defendant? be included in your Notice of Intention to Defend. It shows: 1. the person who owes you the money [The plaintiff is suing in a representative capacity namely (insert details- see Rule 18) (Defendant) how serious you are about recovering the debt. 2. that you are not afraid to pursue the [The [first]defendant is sued in a representative capacity (insert details- see Rule 18) matter in court 3. clearly: how much you are owed, who owes it to you, why they owe it to you and how long they have to pay you the [The plaintiff relies on the cross-vesting laws in respect of each claim (or as the case may be: see Rule 53. This applies only money. in the Supreme Court)] If after 10 days of receiving the Letter of Demand your Defendant does not pay then you lodge the Writ at the Court.

6 PARTICULARS OF THE PLAINTIFF: Name: David Joseph This Stevens document is the official court document that sets out: Plaintiff s residential 1. How much or business you are address: owed 34 College Road 2. Who owes it to you Brisbane 2. Why you believe the other person or business QLD 4000 owes you the money 4. How long they have to pay you the money Address for service: 34 College Road Brisbane QLD 4000 Telephone: Who are the Plaintiff/Claimant and Defendant? These are the legal names. The Plaintiff is you, you are bringing the 109 claim. You are owed the money. The Defendant is the person who owes you the money. address: david.stevens@ .com Signed: Description: Plaintiff Dated: Thursday, 31 March 2016

7 This Claim is to be served on: Jason Thomas Patrick of: 12 Peel Street Issuing a Letter of Demand is part of a debt South Brisbane QLD 4101 collection strategy. It has been shown that Businesses that are aggressive or uncaring in their collection activities are far less successful at collecting overdue accounts. We assume that once you are at this point of your debt collection you have tried every other avenue to recover. The courts always prefer you try and settle out of court first.

8 FORM 16 MAGISTRATES COURT OF QUEENSLAND REGISTRY: NUMBER: Plaintiff: David Joseph Stevens Of course, sometimes it is possible to end up in a debt recovery situation through no fault of your and Defendant: own. However there is some knowledge that may help you for next time. For example The longer you leave a debt, the harder it Jason Thomas Patrick 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 Check your client s credit history Always get as much as you can in writing, it will help you in this situation where you have decided to pursue litigation.

9 STATEMENT OF CLAIM This claim in this proceeding is made in reliance on the following facts: legalconsolidated.com.au - telephone (set out as briefly as the nature of the case permits all material facts relied on as required in the Uniform Civil Procedure Rules, us. We Chapter can help 6, Parts you 1, complete 2 and 3) the questions. 1. On 6 January 2016 the Defendant requested a loan of money from the Plaintiff. On law firm's website you: 2. The Plaintiff lent money to the Defendant 1. retain on legal 12 January professional privilege 2. benefit from the law firm's PI 3. The Plaintiff lent the money at 12 Peel Street, South Brisbane by providing a bank cheque. insurance 4. The amount lent was $ get a signed letter on our law firm's 5. The agreement regarding repayment was to repay $25000 on 12 February 2016 and $25000 on 12 March letterhead with the legal document. Only a law firm provides the above. 6. The Defendant has failed to repay the loan. We also offer a 100% money back 7. As of today's date the Amount that guarantee remains unpaid on every is $ document you 8. The Plaintiff claims (a) Debt of $50000 (b) Interest The plaintiff claims the following relief: $50000 (set out in full the relief claimed our law including firm s website. full particulars of the nature and amount of each type of damages claimed and full particulars of interest required by Rule 159) [The plaintiff elects trial by If jury] the (if person the plaintiff that owes elects you under the money Rule 472 doesn t and no pay Act you excludes within a trial by jury). Signed: Build the legal document at 3. receive legal advice build. Dr Brett Davies, Partner Answer the questions and this document is built for you on 10 days of you posting the Demand Letter to them then you lodge the following Writ with the Court. The Court arranges the Bailiff to serve the Writ on the debtor. Description: Plaintiff [This pleading was settled by (name) of Counsel].

10 NOTICE AS TO DEFENCE Your defence must be attached to your notice of intention to defend. The plaintiff claims: $50000 NOTICE UNDER RULE 150(3) 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 $ for interest; and document. $ for costs of issuing the claim and this statement of claim. If you have any questions at all, contact us, we can give you legal advice as we are a law firm. The proceeding ends if you pay those amounts before the time for filing your notice of intention to defend ends. If you are in default by not filing a notice of intention to defend within the time allowed, the plaintiff is entitled to claim additional costs of $ entering judgment in default. This notice is to be included if the plaintiff s claim is for a debt or liquidated demand only.

11 Your Reference: Our Reference: bkd:7741 Enquiries: Dr Brett Davies Direct Telephone: Thursday, 31 March 2016 David Joseph Stevens 34 College Road Brisbane QLD 4000 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 bkd:7741