Frequently Asked QuestionsIf you have a question, you will find an answer here...
Can a legal letter be sent by email?
Yes, in fact many jurisdictions are recognising that email has become the most common form of communication, the bonus is that it is received instantly. There is also provision in legislation that recognises email as being a valid form of service of legal documents. Always though make sure that you are always complying with your local laws and with the relevant contract, which may specify a method of communication and a time period (general under a clause entitled domicilium or notices). You also have the option of delivering our letter via registered post or hand.
What is the best way to send a letter of demand?
There are various ways, whilst fax is fast becoming outdated, email is leading the way. Not only is it almost instant but you have proof of sending. One can also hand deliver or send via post (or better yet registered mail). The more ways you send it the better but most attorneys nowadays choose email as it is reliable and also allows for an easier response.
What happens if they still don’t pay? Ie what is the next step?
Well, you've taken the first step and now can either negotiate a settlement or have a summons issued. The letter we send can be provided to an attorney and attached to your summons. After 28 days you also have a right to list the non-payer with a credit bureau (such as ITC). The listing must be made on undisputed debts and will reflect on the debtor’s credit record, impeding him/her obtaining credit or finance.
What is prescription and does this letter halt it?
Prescription means that after 3 years (generally) a debt is extinguished and cannot be claimed. A letter does not interrupt prescription, if you are owed debt and the 3 year anniversary is approaching, best you have a summons issued . If the debtor admits to owing the money (preferably in writing) or makes a part payment, the 3 year period starts again.
What are we?
Simply speaking, a notification service. We are not a collection agency or law firm. We are operated by a licensed attorney and legal practitioner. Any content on this website should not be construed as legal advice and we cannot be held responsible for reliance thereon. We give you the tools to send legal letters of demand to those who you money, without you having to necessarily engage an attorney.
What is the user (your) responsibility?
To ensure that all details entered are correct and accurate, the aim is not to harass but to notify the debtor to pay you what you are entitled to.
Can I charge interest and legal costs?
Strictly speaking, this depends on your terms and conditions. Once you issue a summons you become entitled to interest and legal costs (on a court prescribed tariff) should your action be successful. You can always use this as an incentive to pay. Our letter mentions interest and costs on this basis.
What do I do if I receive a letter?
Do not ignore - the creditor may institute legal action against you or list with the credit bureau. This can affect your credit score and put your business’s assets at risk.
A good credit score is an asset - protect it well. Once compromised, your business’s ability to obtain credit or finance is severely compromised. Many service providers (various suppliers, prospective landlords, vehicle and cellphone dealerships, insurers, banks etc) look at your credit history before entering into any agreements with you.
When you receive a letter, know that a legal process has started - either make payment immediately or engage with the creditor to make a payment plan. If the claim in the letter is incorrect - you must bring this to their attention (eg: if you have already paid, then send them a proof of payment).