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Letter Of Demand Small Claims Court

Letter Of Demand Small Claims Court Template for Hong Kong

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Key Requirements PROMPT example:

Letter Of Demand Small Claims Court

"I need a Letter of Demand Small Claims Court document for Hong Kong to recover HK$45,000 from a client who hasn't paid for web development services delivered in January 2025, with previous payment reminders being ignored."

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Document background
The Letter of Demand Small Claims Court is a crucial pre-litigation document used in Hong Kong's legal system when pursuing claims up to HK$75,000. It serves as a formal final notice before initiating proceedings in the Small Claims Tribunal, demonstrating the creditor's attempt to resolve the dispute amicably. The document must clearly state the claim amount, basis of the claim, payment terms, and deadline for response. It's particularly important in Hong Kong's business environment where the Small Claims Tribunal provides an efficient, cost-effective forum for resolving minor disputes. This letter typically precedes the formal filing of a claim with the Tribunal and can significantly strengthen the creditor's position if legal action becomes necessary. The document should comply with Hong Kong's legal requirements and be written in a clear, professional manner that could potentially be presented as evidence in the Tribunal.
Suggested Sections

1. Sender's Details: Full name, address, and contact information of the person or entity making the claim

2. Recipient's Details: Full name, address, and contact information of the person or entity who owes the debt

3. Date: Current date of the letter

4. Subject Line: Clear identification as 'Letter of Demand' and reference number if applicable

5. Debt Details: Specific amount owed, origin of the debt, and date it was incurred

6. Payment History: Brief summary of any previous payments made or payment attempts

7. Legal Basis: Clear statement of the legal basis for the claim

8. Demand Statement: Formal demand for payment, including the exact amount and deadline

9. Payment Instructions: Clear instructions on how and where to make the payment

10. Legal Action Warning: Statement indicating intention to proceed to Small Claims Tribunal if payment is not received

11. Signature Block: Formal closing, name, and signature of the sender

Optional Sections

1. Interest Calculation: Include when claiming interest on the outstanding amount, showing calculation method and period

2. Previous Correspondence: Reference to previous demand letters or communications when multiple attempts have been made

3. Without Prejudice: Add this header when including settlement offers or negotiations

4. Dispute Details: Additional section explaining the nature of dispute if the claim is not straightforward debt

5. Third Party Authorization: Include when the letter is being sent by a representative on behalf of the creditor

Suggested Schedules

1. Schedule of Outstanding Amounts: Detailed breakdown of the debt, including principal amount, interest, and any additional charges

2. List of Previous Communications: Chronological list of previous attempts to resolve the matter

3. Supporting Documents: Copies of relevant contracts, invoices, receipts, or other evidence of the debt

4. Payment History Schedule: Detailed record of any partial payments made and remaining balance

5. Photographic Evidence: If claim involves damaged goods or property, include relevant photographs as appendix

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

Retail

E-commerce

Real Estate

Construction

Professional Services

Financial Services

Manufacturing

Wholesale Trade

Information Technology

Healthcare

Education

Hospitality

Small Business

Consulting

Property Management

Consumer Services

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Operations

Administration

Risk Management

Compliance

Corporate Secretarial

Collections

Relevant Roles

Credit Controller

Accounts Receivable Manager

Financial Manager

Business Owner

Operations Manager

Legal Affairs Officer

Collections Specialist

Administrative Manager

Company Secretary

Finance Director

Small Business Owner

Debt Recovery Officer

Contract Administrator

Risk Manager

Compliance Officer

Industries
Small Claims Tribunal Ordinance (Cap. 338): Primary legislation establishing the Small Claims Tribunal in Hong Kong, setting out its jurisdiction, powers, and procedures. Specifically defines the monetary jurisdiction limit of HK$75,000 and types of cases that can be heard.
Small Claims Tribunal Rules (Cap. 338A): Subsidiary legislation detailing the specific procedures, forms, and requirements for filing and pursuing claims in the Small Claims Tribunal.
Limitation Ordinance (Cap. 347): Sets out the time limits within which different types of civil claims must be brought. Generally 6 years for contract claims and 3 years for personal injuries.
Contract and Rights of Third Parties Ordinance (Cap. 623): Governs contractual relationships and rights in Hong Kong, relevant for establishing the legal basis of the claim in the demand letter.
Money Lenders Ordinance (Cap. 163): If the claim involves a loan or credit, this ordinance may be relevant as it regulates money lending transactions and interest rates.
Practice Directions for Small Claims Tribunal: Guidelines issued by the Judiciary providing detailed procedures and requirements for handling cases in the Small Claims Tribunal.
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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