Without Prejudice (save as to costs) Letter of Demand pursuant to UCPR 35.7B. of the Local Court. in the State of New South Wales

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1 Your Reference: Click here to build document with the Law Firm's Letterhead Monday, 2 May 2016 Katherine Anne Jones 89 Smith Street Wentworthville NSW 2145 Defendant Without Prejudice (save as to costs) Letter of Demand pursuant to UCPR 35.7B of the Local Court in the State of New South Wales Katherine Anne Jones 89 Smith Street Wentworthville NSW 2145 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 return the document to us for a full refund. Dr Brett Davies Partner Legal Consolidated Barristers & Solicitors Plaintiff Debt to be $50000 the subject of future What is this document? litigation This is the Letter of Demand, which tells the Defendant what they owe you, why This letter advises that the and aforementioned how long they named have Plaintiff to pay it. seeks It is to recover the debt from often a legal requirement to inform you for inter alia: someone whom you plan to sue via a letter 1. On 6 January 2016 the Defendant requested a loan of money from the Plaintiff. of this type before you commence 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 89 Smith Street, Wentworthville by providing a bank cheque. 4. The amount lent was $ Build the legal document at legalconsolidated.com.au 5. The agreement regarding repayment was to repay $25000 on 12 February telephone us. We can help you complete the and $25000 on 12 March questions. On law firm's website you: 6. The Defendant has failed to repay the loan. 1. retain legal professional privilege 2. benefit from the law firm's PI insurance 7. As of today's date the Amount 3. receive that remains legal 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 attached with the Verification Affidavit which will be lodged at the Local Court of New South Wales and served upon you unless you make full payment of $50000, directly to the Plaintiff at the address: within 10 working days of the date of this Letter of Demand. Answer the questions and this document is built for you on If this amount is not paid by the time specified above, we reserve the right to commence our law firm s website. legal proceedings to recover the debt without further notice to you and this letter may be tendered in court as evidence of your failure to pay. Legal action may result in you having to If the person that owes you the money doesn t pay you within pay legal costs, interest and could impact on your credit history. 10 days of you posting the Demand Letter to them then you lodge the following Writ with the Court. The Court arranges Yours sincerely, the Bailiff to serve the Writ on the debtor.

3 COURT DETAILS Statement of Claim Local Court in the State of New South Wales Court Division List Registry Case number Local Court owes you the money TITLE OF PROCEEDINGS 4. How long they have to pay you the money Plaintiff(s) This document is the official court document that sets out: 1. How much you are owed 2. Who owes it to you 2. Why you believe the other person or business Defendant(s) Katherine Anne Jones FILING DETAILS Filed for plaintiff(s) Contact name Who are the Plaintiff/Claimant and Defendant? These are the legal names. The Plaintiff is you, you are bringing the claim. You are owed the money. The Defendant is the Contact phone person who owes you the money. Contact

4 TYPE OF CLAIM RELIEF CLAIMED That the defendant pay the plaintiff the total amount claimed below. Amount of claim $50000 PLEADINGS AND PARTICULARS 1. On 6 January 2016 Why the is Defendant a Letter requested of Demand a loan and of Writ money sent from to the the Plaintiff. Defendant? It shows: 2. The Plaintiff lent money to the Defendant on 12 January the person who owes you the money (Defendant) how serious you are about recovering the debt. 3. The Plaintiff lent the money at 89 Smith Street, Wentworthville by providing a bank cheque. 2. that you are not afraid to pursue the matter in court 4. The amount lent was 3. $50 clearly: 000. 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 money. 5. The agreement regarding If after 10 repayment days of was receiving to repay the $25000 Letter on 12 of Demand February 2016 and your Defendant does not pay then you lodge the Writ $25000 on 12 March at the Court. 6. The Defendant has failed to repay the loan. 7. As of today's date the Amount that remains unpaid is $ The Plaintiff claims

5 (a) Debt of $50000 (b) Interest SIGNATURE I acknowledge that court fees may be payable during these proceedings. These fees may include a hearing allocation fee. Signature Capacity Plaintiff(s) Date of signature NOTICE TO DEFENDANT Issuing a Letter of Demand is part of a debt collection strategy. If you do not file a defence It has within been 28 shown days of that being Businesses served with that this are statement of claim: aggressive or uncaring in their collection You will be in activities default in these are far proceedings. less successful at collecting overdue accounts. We assume that once you are The court may enter judgment against you without any further notice to you. at this point of your debt collection you have The judgment may be for tried the every relief claimed other avenue in the statement to recover. of claim The courts and for the plaintiff s costs of bringing these proceedings. always The prefer court may you provide try and third settle parties out with of court details of any default judgment first. entered against you. HOW TO RESPOND Please read this statement of claim very carefully. If you have any trouble understanding it or require assistance on how to respond to the claim you should get legal advice as soon as possible. You can get further information about what you need to do to respond to the claim from: A legal practitioner. LawAccess NSW on or at The court registry for limited procedural information. You can respond in one of the following ways: 1 If you intend to dispute the claim or part of the claim, by filing a defence and/or making a cross-claim.

6 2 If money is claimed, and you believe you owe the money claimed, by: Paying the plaintiff all of the money and interest claimed. If you file a notice of payment under UCPR 6.17 further proceedings against you will be stayed unless the court otherwise orders. Filing an acknowledgement of the claim. Applying to the court for further time to pay the claim. 3 If money is claimed, and you believe you owe part of the money claimed, by: Paying the plaintiff that part of the money that is claimed. Filing a defence in relation to the part that you do not believe is owed. Court forms are available on the UCPR website at or at any NSW court registry. REGISTRY ADDRESS Street address: Postal address: Telephone:

7 AFFIDAVIT VERIFYING Occupation Date I [say on oath/affirm]: 1 I am the plaintiff. We founded the first on-line document website Our law firm s partners started the first on-line document I am website in. Our partners have generated over [give details of the capacity of the person making the affidavit and the facts that 18,422 legal documents. Telephone us any-time for legal qualify the person to make the affidavit]. advice on how to answer the questions to build your 2 I believe document. that the allegations of fact in the statement of claim are true. Remember you are dealing directly with a law firm s website, SWORN AFFIRMED at therefore you get Signature of deponent 1. Legal advice Name of 2. witness Lawyer insurance Address 3. of Lawyer s witness letter Capacity 4. of Retain witness Legal Professional Privilege Dr Brett Davies, Partner [Justice of the peace Solicitor Barrister Commissioner for affidavits Notary public] And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent): 1 I saw the face of the deponent. [OR, delete whichever option is inapplicable] I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.* 2 I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable] I have confirmed the deponent s identity using the following identification document: Signature of witness Identification document relied on (may be original or certified copy) Note: The deponent and witness must sign each page of the affidavit. See UCPR 35.7B.

8 [* The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).] [ "Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011.] PARTIES TO THE PROCEEDINGS Plaintiff[s] Defendant[s] Katherine Anne Jones DETAILS ABOUT PLAINTIFF[S] Plaintiff[s] Name Address Of course, sometimes it is possible to end up in a debt recovery situation through no fault of your own. However there is some knowledge that may help 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 where you have decided to pursue Contact details for plaintiff[s] litigation. acting in person or by authorised officer Telephone: johnrobert@ .com Always get as much as you can in writing, it will help you in this situation

9 DETAILS ABOUT DEFENDANT[S] Defendant[s] Name Katherine How Anne to build Jones this document: 1. Register for free Address 2. Build - get legal advice as you build. Pay for the document 89 Smith Street Wentworthville with your NSW credit 2145 card. 3. Download - Print, and sign your legal document. There is a 100% money back guarantee.

10 Your Reference: Enquiries: Dr Brett Davies Direct Telephone: Monday, 2 May 2016 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 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 Local 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