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Debt Collection Letter Of Demand

Debt Collection Letter Of Demand Template for Switzerland

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Key Requirements PROMPT example:

Debt Collection Letter Of Demand

"I need a Debt Collection Letter of Demand for my Swiss tech company to recover 45,000 CHF from a corporate client who has failed to pay three invoices from our software implementation project, with a final payment deadline of March 15, 2025."

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Document background
The Debt Collection Letter of Demand is a crucial document in Swiss debt recovery processes, typically used when previous informal attempts to collect payment have failed. This document serves as the final formal notice before initiating legal proceedings under the Swiss Federal Debt Enforcement and Bankruptcy Act (DEBA). It is required to include specific details such as the exact amount owed, the basis for the debt, payment instructions, and a clear deadline. The letter must comply with Swiss legal requirements and is often used as evidence in subsequent legal proceedings. It's particularly important as Switzerland has a unique debt enforcement system where formal demands must follow specific legal guidelines. The document can be used for both commercial and private debts, and its format and content must be carefully constructed to ensure legal validity within the Swiss jurisdiction.
Suggested Sections

1. Sender Details: Full legal name, address, and contact information of the creditor or their representative

2. Recipient Details: Full legal name and address of the debtor, including any reference numbers

3. Date: Current date of the demand letter

4. Subject Line: Clear indication that this is a formal demand for payment (Letter of Demand)

5. Debt Details: Specific amount owed, origin of the debt, date incurred, and any contract/invoice references

6. Payment History: Summary of any previous payments made and remaining balance

7. Legal Basis: Reference to relevant contract terms or legal obligations creating the debt

8. Payment Demand: Clear statement of the total amount demanded, including any interest and fees

9. Payment Instructions: Specific payment details including acceptable methods, bank details, and deadline

10. Legal Consequences: Statement of intended legal action if payment is not received by the deadline

11. Signature: Formal signature block with name and title of the sender

Optional Sections

1. Interest Calculation: Detailed breakdown of interest calculations when claiming default interest

2. Previous Communications: Reference to prior payment requests when multiple attempts have been made

3. Settlement Offer: Optional terms for partial payment or payment plan if the creditor is willing to negotiate

4. Corporate Authority: When sending to a company, specific reference to corporate responsibility for the debt

5. Without Prejudice: Legal reservation of rights clause when offering settlement negotiations

6. Language Disclaimer: For international debtors, note about available language versions of the letter

Suggested Schedules

1. Original Invoice(s): Copies of relevant invoices showing the original debt

2. Contract: Copy of the underlying contract or agreement creating the obligation

3. Statement of Account: Detailed statement showing all transactions, payments, and current balance

4. Interest Calculation Sheet: Detailed breakdown of interest calculations if claiming default interest

5. Previous Correspondence: Copies of previous payment requests or relevant communication

6. Proof of Delivery: Evidence of goods delivered or services rendered relating to the debt

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Banking and Financial Services

Retail

Manufacturing

Professional Services

Construction

Healthcare

Technology

Real Estate

Telecommunications

Wholesale Trade

Legal Services

Insurance

Education

Hospitality

Transportation and Logistics

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Treasury

Debt Recovery

Risk Management

Corporate Affairs

Administration

Compliance

Relevant Roles

Credit Controller

Accounts Receivable Manager

Financial Director

Legal Counsel

Collections Manager

Finance Manager

Credit Risk Manager

Debt Recovery Specialist

Treasury Manager

Accounts Manager

Corporate Lawyer

Chief Financial Officer

Business Owner

Financial Administrator

Legal Administrator

Industries
Swiss Federal Debt Enforcement and Bankruptcy Act (DEBA/SchKG): The primary legislation governing debt collection procedures in Switzerland, including requirements for formal demands, time limits, and enforcement procedures
Swiss Code of Obligations (OR/CO): Governs contractual relationships, debt obligations, default interest rates, and general principles of debt claims
Swiss Civil Code (ZGB/CC): Contains general legal principles and provisions regarding personal and corporate rights, obligations, and legal capacity
Swiss Federal Civil Procedure Code (ZPO/CPC): Governs civil procedure rules that may become relevant if legal proceedings are initiated following the demand letter
Federal Act on Currency and Payment Instruments: Relevant for specifying payment requirements and acceptable payment methods in Switzerland
Swiss Debt Collection Ordinance: Provides detailed regulations and implementation guidelines for debt collection procedures, including formal requirements for demand letters
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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