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

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1 Your Reference: 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 full refund. Thursday, 14 April 2016 Jason Thomas Patrick 28 Collins Street This is a sample of the document you are reason you can return the document to us for a Dr Brett Davies Partner Legal Consolidated Barristers & Solicitors Without Prejudice (save as to costs) Letter of Demand pursuant to Magistrates Court (Civil Division) Act 1992 of the Magistrates Court in the State of Tasmania Defendant Jason Thomas Patrick 28 Collins Street Claimant 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 Claimant 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 Claimant.

2 Letter of Demand Page 2 2. The Claimant lent money to the Defendant on 12 January Build the legal document at legalconsolidated.com.au - telephone us. We can 3. The Claimant lent the money help at you 28 complete Collins Street, the questions. Hobart 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 Only a law firm provides the above. and $25000 on 12 March 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 Claimant claims (a) Debt of $50000 (b) Interest Enclosed is a draft Statement of Claim in the Form 1 format of the General Procedure Claim which will be lodged at the Magistrates Court of Tasmania and served upon you unless you make full payment of $50000, directly to the Claimant 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,

3 Magistrates Court of Tasmania TASMANIA MAGISTRATES COURT (CIVIL DIVISION) CLAIM FORM 1 MAGISTRATES COURT Address: How to build this document: Phone No: 1. Register for free 2. Build - get legal advice as you build. Pay for Fax No: the document with your credit card. 3. Download - Print, and sign your legal document. CLAIMANT(S) : There is a 100% money back guarantee. Hobart TAS 7000 ACTION No: DEFENDANT(S): Who are the Plaintiff/Claimant and Defendant? These are the legal names. The Plaintiff is you, you are bringing Jason Thomas Patrick the claim. You are owed the money. The Defendant is the 28 Collins Street person who owes you the money. Hobart TAS 7000

4 Magistrates Court of Tasmania TYPE OF CLAIM: 1. On 6 January You 2016 did the some Defendant work. requested You lent a someone loan of money some from money. the Claimant. They 2. The Claimant now lent don t money want to the to Defendant pay you. on They 12 January know it costs thousands to use a lawyer. Our law firm has changed all 3. The Claimant lent the money at 28 Collins Street, Hobart by providing a bank cheque. this. You don t need to see a lawyer to recover your 4. The amount money. lent was When $ you build this document, you get a: 5. The agreement regarding repayment was to repay $25000 on 12 February 2016 and $25000 on 12 March Letter of Demand Writ 6. The Defendant has failed to repay the loan. Our letter to you confirming the above 7. As of today's date the Amount that remains unpaid is $ The Claimant claims (a) Debt of $50000 (b) Interest SUMMARY OF CLAIM: $ Amount of claim What you do: $ Court fee on filing $ After you build the Letter of Service Demand other and fee Writ: $ post the Letter of Demand Solicitors and Writ costs to the $ TOTAL AMOUNT CLAIMED 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 Magistrates Court of Tasmania PARTICULARS OF CLAIM: (Briefly state the date, place and circumstances from which the claim arose. If insufficient space below, please attach extra pages as required) 1. On 6 Why January is a 2016 Letter the Defendant of Demand requested and Writ a loan sent of money to the from the Claimant. 2. The Claimant Defendant? lent money to the Defendant on 12 January It shows: 3. The Claimant lent the money at 28 Collins Street, Hobart by providing a bank cheque. 1. the person who owes you the money 4. The amount lent (Defendant) was $ how serious you are about recovering the debt. 5. The agreement regarding repayment was to repay $25000 on 12 February and that $25000 you are on 12 not March afraid to pursue the matter in court 6. The Defendant has failed to repay the loan. 3. clearly: how much you are owed, who 7. As of today's owes date the it to Amount you, that why remains they owe unpaid it to is $ you and how long they have to pay you the 8. The Claimant claims (a) Debt of $50000 money. (b) Interest If after 10 days of receiving the Letter of Demand your Defendant does not pay then you Dated: Thursday, 14 April 2016 lodge the Writ at the Court. Signed... (Claimant or Solicitor) Filed by or on behalf of whose address for the service of documents is: Hobart TAS 7000

6 . Phone: Magistrates Court of Tasmania 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 owes you the money 4. How long they have to pay you the money NOTICE TO THE DEFENDANT IF YOU ADMIT THE CLAIM: Contact the Claimant or their solicitor within 21 days to arrange a settlement of the matter; or you may pay the total amount claimed within 21 days of receiving this claim to the Claimant s address for service and no further action will be taken. IF YOU DENY THE CLAIM. Issuing You a may Letter file of a Defence Demand at is the part Magistrates of a debt Court AND, if you have one, a counter claim within 21 days of receiving this Claim. collection strategy. It has been shown that Businesses that are IF YOU ADMIT PART ONLY OF THE CLAIM You may pay that part admitted to the Magistrates Court, and notify the Claimant aggressive that you or uncaring have done in so, their and collection so avoid further costs. You may also file a defence, at the Magistrates Court, for that part not admitted, within 21 days. activities are far less successful at collecting overdue accounts. We assume that once you are DEFENCE FORM: A Defence form, or a Defence and Counterclaim form, may be obtained from any Registry of the Magistrates at Court this point or from of your the Magistrates debt collection Court you website have at : tried every other avenue to recover. The courts always prefer you try and settle out of court YOU MUST file 3 copies of your Defence at the Magistrates Court registry which issued the Claim. You will be given back two first. stamped copies. One is to be served on the Claimant at their address for service. One is for your own record. IF YOU DO NOTHING A JUDGMENT MAY BE ENTERED AGAINST YOU WITH ADDITIONAL COSTS

7 AFFIDAVIT OF SERVICE OF CLAIM I,...of... (Full name) (Address) Occupation: MAKE OATH AND SAY that I did on the day of at......am / pm duly serve the Defendant: Jason Thomas Patrick Of course, sometimes it is possible to end up in a debt recovery situation through no fault of your with a sealed copy of this Claim and Notice to Defendant by: own. (Please tick the appropriate box) personal service on However the Defendant there at is some knowledge that may help you for next time. For example registered post addressed to The the usual longer place you of leave residence a debt, or business the harder of the it * Defendant / *the practitioner acting on behalf of the Defendant at the following address: is to collect on it, so stay on top of your unpaid invoices. leaving it for the Defendant at the usual place of residence or business of the Defendant at the following address: Have customers pay in instalments or deposits so that you avoid them owing with you large debts (identity of person served) Check your client s credit history who was apparently 16 years of age or older. leaving it at the registered office Always of the get corporation as much as at the you following can address: writing, it will help you in this situation with where you have decided to pursue (identity of person served). litigation. posting it to the registered office of the corporation at the following address: (describe here any other authorised means of service). Signature... SWORN before me at this day of 20 Signature:... (Justice of the Peace)

8 Your Reference: Enquiries: Dr Brett Davies Direct Telephone: Thursday, 14 April 2016 Dear Claimant, 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