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

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1 Your Reference: This is a sample of the document you are building on our law firm's website. Depending how you answer the questions David the Joseph Stevens 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 refund. Thursday, 14 April 2016 Jason Thomas Patrick Dr Brett Davies 2 Dale Street Partner Port Adelaide SA 5015 Legal Consolidated Barristers & Solicitors Without Prejudice (save as to costs) Letter of Demand pursuant to Magistrates Court (Civil) Rules 2013 of the Magistrates Court in the State of South Defendant Jason Thomas Patrick 2 Dale Street Port Adelaide SA 5015 Plaintiff David Joseph Stevens Debt to be $50000 the subject What is this page? of future This is the Letter of Demand, which tells litigation the Defendant what they owe you, why and how long they have to pay it. It is often a legal requirement to inform This letter advises that the aforementioned named Plaintiff seeks to recover the debt from someone whom you plan to sue via a letter you for, inter alia: of this type before you commence 1. On 6 January 2016 the Defendant requested a loan of money from the Plaintiff. proceedings. 2. The Plaintiff lent money to the Defendant on 12 January 2016.

2 Letter of Demand Page 2 3. The Plaintiff lent the money at 2 Dale Street, Port Adelaide 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 us. We can and $25000 on 12 March help you complete the questions. On law firm's website you: 6. The Defendant has failed 1. to retain repay legal the loan. professional privilege 2. benefit from the law firm's PI insurance 7. As of today's date the Amount 3. receive that legal remains advice unpaid is $ get a signed letter with the legal document. 8. The Plaintiff claims Only a law firm provides the above. (a) Debt of $50000 We also offer a 100% money back guarantee on (b) Interest every document you build. Dr Brett Davies, Partner Enclosed is a draft Statement of Claim in the Form 2 format of the General Procedure Claim which will be lodged at the Magistrates Court of South and served upon you unless you make full payment of $50000, directly to the Plaintiff at the address: 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 as evidence of your failure to pay. Legal action may result in you lodge the following Writ with the Court. The Court arranges having to pay legal costs, the interest Bailiff and to could serve impact the Writ on on your the credit debtor. history. Yours sincerely, David Joseph Stevens

3 Magistrates Court of South Form 2 CLAIM Magistrates Court of South (Civil Division) Court Use Date Filed Date of Posting PI MVA Served Allianz: Trial Court Action No Street Telephone Facsimile DX City/Town/Suburb State Postcode Amount Claimed (if any) $50000 Court Fee on Filing $ How to build this document: Service and Other Fee $ 1. Register for free Solicitor s Fee $ 2. Build - get legal advice as you build. Pay for TOTAL CLAIMED $ the document with your credit card. Type of claim document. 1. On 6 January 2016 There the is Defendant a 100% requested money back a loan guarantee. of money from the Plaintiff. 2. The Plaintiff lent money to the Defendant on 12 January The Plaintiff lent the money at 2 Dale Street, Port Adelaide by providing a bank cheque. 4. The amount lent was $ Who are the Plaintiff/Claimant and Defendant? 5. The agreement These regarding are the repayment legal names. was to The repay Plaintiff $25000 is on you, 12 February you are 2016 bringing and $25000 on 12 March 2016 the claim. You are owed the money. The Defendant is the 6. The Defendant person has failed who to owes repay you the the loan. money. 7. As of today's date the Amount that remains unpaid is $ The Plaintiff claims (a) Debt of $50000 (b) Interest 3. Download - Print, and sign your legal This claim is liquidated unliquidated Method of service (tick) Registrar Sheriff Plaintiff s Solicitor Party

4 Magistrates Court of South Plaintiff/s Full Name (Registered Office, if Body Corporate) Telephone You did some work. David You lent Joseph someone Stevens 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. Adelaide You don t need to see a SA 5031 lawyer to recover your money. When you build this document, you get a: Writ 109 Letter of Demand Our letter to you confirming the above david.stevens@ .com Solicitor for Plaintiff/s (name) Street Telephone Facsimile DX What you do: After you build the Letter of Demand and Writ: post the Letter of Demand and Writ to the City/Town/Suburb State Postcode 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.

5 Defendant/s Full Name Magistrates Court of South Why is a Letter of Demand and Writ sent to the Defendant? It shows: Jason Thomas Patrick (Defendant) how serious you are 2 about Dale Street recovering the debt. Port Adelaide SA that you are not afraid to pursue the matter in court (Registered Office, if Body Corporate) Telephone 1. the person who owes you the money 3. clearly: how much you are owed, who owes it to you, why they owe it to you and how 043 long 6652 they 982 have to pay you the money. If after 10 days of receiving the Letter of Demand your Defendant does not pay then you lodge the Writ at the Court. jason.patrick@ .com Solicitor for Defendant/s (name) Of course, sometimes it is possible to end up in a Street Telephone Facsimile DX debt recovery situation through no fault of your own. However there is some knowledge that may help City/Town/Suburb State Postcode you for next time. For example The longer you leave a debt, the harder it 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.

6 AFFIDAVIT OF PROOF OF SERVICE I, of Occupation: This document is the official court document MAKE OATH AND SAY that: that sets out: I. I did on the day of 20, between the hours of and duly serve the 1. How much you are owed within named defendant with this claim and any applicable form under the Service and 2. Who owes it to you Execution of Process Act 1992 (Cth). 2. Why you believe the other person or business (Please tick the appropriate box) owes you the money By personal service on the 4. person. How long they have to pay you the money By service on the solicitor acting for the person. II. By leaving it for the person at the address of the place of dwelling or business of the person with someone apparently above the age of 14 years. By depositing it for the person at the DX addressed to the DX number of the person or the solicitor acting for the person. By leaving it at the registered office of the body corporate. By sending it by prepaid post addressed to the strata corporation at its site or its post office box. By prepaid post addressed to the community corporation or to the presiding officer, treasurer or secretary at the Issuing a Letter of Demand is part of a debt postal address of the community corporation or by placing it in the community corporation s letterbox. collection strategy. By fax directed to the fax number of the person or the solicitor acting for the person during normal business hours on a business day. It has been shown that Businesses that are By service on one partner aggressive or at the principal or uncaring place of in business their collection of the firm. By sending it by prepaid post activities addressed are to far the less person successful at - at collecting (note - unless the court is overdue satisfied that accounts. the document We assume served that by this once method you came are to the attention of the defendant the plaintiff is not entitled to costs thrown away if the judgment is set aside-rule 106(8)) at this point of your debt collection you have By (here describe any other authorised tried every means other of avenue service) to recover. The courts I served the person at always prefer you try and settle out of court (state the address, DX number, fax number etc.) first. III. I necessarily made trips and travelled kilometres for the purpose of effecting the service. SWORN before me at on the day of 20 Signature... (Person authorised to take Affidavits) (e.g. Justice of the Peace)... SERVER

7 Your Reference: Enquiries: Dr Brett Davies Direct Telephone: Thursday, 14 April 2016 David Joseph Stevens 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