Sommatie
Summons
A demand letter is a formal written notice of default in which one party requires the other party to perform an obligation, often prior to the commencement of legal proceedings.
A demand letter is a written document in which the sender formally requests or requires the recipient to perform or refrain from a specific act. This may relate, for example, to payment of an outstanding invoice, cessation of an infringement, or fulfilment of a contractual obligation.
The instrument is significant because it places the counterparty in default and is frequently a prerequisite before proceedings by writ of summons or other legal measures may be initiated. It also serves as evidence that the claim has been duly notified in a timely manner.
In practice, a demand letter is ordinarily sent by registered post or through a bailiff to establish proof of receipt. Lawyers commonly draft such documents to ensure appropriate legal phrasing and evidentiary integrity.
“The lawyer sent a demand letter to the client requiring payment of the outstanding invoice within fourteen days.”
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