Demand Letter

Document text

[LAW OFFICE NAME]

Attorneys-at-Law

[OFFICE ADDRESS] · Tel. [TELEPHONE] · [E-MAIL ADDRESS OF RECORD]

[DATE]

VIA [PERSONAL SERVICE/REGISTERED MAIL WITH RETURN CARD/COURIER/E-MAIL]

[FULL NAME OF ADDRESSEE]

[POSITION, IF ADDRESSED TO A COMPANY]

[COMPANY NAME, IF ANY]

[ADDRESS]

Subject: FINAL DEMAND — [SUBJECT, e.g., PAYMENT OF PHP [AMOUNT] UNDER PROMISSORY NOTE DATED [DATE]]

Dear [MR./MS./DR.] [SURNAME]:

We write on behalf of our client, [FULL NAME OF CLIENT] ("our Client"), concerning [DESCRIBE THE OBLIGATION — e.g., the loan of PHP [AMOUNT] that you obtained from our Client on [DATE], payable on [DUE DATE], as evidenced by the promissory note you signed].

[STATE THE RELEVANT FACTS BRIEFLY AND ACCURATELY — the due date, partial payments made, earlier reminders, and the amount now due.] Despite our Client’s repeated requests, the amount of PHP [AMOUNT] remains unpaid as of the date of this letter.

Accordingly, formal demand is hereby made upon you to pay our Client the amount of PHP [AMOUNT], [plus interest at [RATE]% per annum from [DATE] / plus legal interest at six percent (6%) per annum from receipt of this demand], within [FIFTEEN (15)] days from your receipt of this letter, [AT OUR OFFICE AT THE ADDRESS ABOVE/BY DEPOSIT TO [BANK ACCOUNT DETAILS]].

[OPTIONAL — EJECTMENT:] You are likewise required to vacate the premises at [ADDRESS OF PREMISES] and to surrender possession to our Client within [FIFTEEN (15) days if land/FIVE (5) days if a building] from receipt of this letter.

[OPTIONAL — DISHONORED CHECK:] This letter also serves as notice of dishonor of [BANK] Check No. [CHECK NUMBER] dated [DATE] for PHP [AMOUNT], which was dishonored on [DATE] for the reason "[REASON, e.g., DRAWN AGAINST INSUFFICIENT FUNDS/ACCOUNT CLOSED]". You have five (5) banking days from receipt of this notice to pay the amount of the check or to make arrangements for its payment in full.

Should you fail to comply within the period stated, we have instructions to take the legal action appropriate to protect our Client’s rights, [e.g., to file an action for collection of sum of money/a small claims case/an ejectment case], and to claim damages, attorney’s fees and costs as the law allows.

If you have already settled this obligation, please disregard this letter and send us a copy of your proof of payment. We are also open to discussing an acceptable payment arrangement if you contact us within the period stated.

This letter is sent without prejudice to our Client’s other rights and remedies, all of which are expressly reserved.

Very truly yours, ______________________________ ATTY. [FULL NAME OF LAWYER] Counsel for [FULL NAME OF CLIENT] Roll of Attorneys No. [NUMBER] IBP No. [NUMBER]; [DATE]; [CHAPTER] PTR No. [NUMBER]; [DATE]; [PLACE] MCLE Compliance No. [NUMBER]; [DATE]

cc: [FULL NAME OF CLIENT]

RECEIVED BY:

______________________________ Signature over printed name Relationship to addressee: [____] ______________________________ Date and time of receipt

DRAFTING NOTES FOR THE LAWYER — delete this page before printing

• Demand and delay: Civil Code, Art. 1169 (delay begins from judicial or extrajudicial demand); Art. 2209 (interest as damages). Legal interest: 6% per annum (BSP-MB Circular No. 799, s. 2013; Nacar v. Gallery Frames, G.R. No. 189871, 13 Aug 2013). Do not claim a contractual rate the documents do not support.

• Ejectment: Rules of Court, Rule 70, Sec. 2 — demand to pay or comply AND to vacate; 15 days (land) or 5 days (buildings). Prove service (registered mail with return card, or personal service with signed receipt).

• Dishonored checks: B.P. Blg. 22, Sec. 2 — written notice of dishonor and five banking days to pay are needed to raise the presumption of knowledge of insufficiency of funds.

• Before suing: barangay conciliation if the parties are individuals residing in the same city or municipality (Local Government Code, Secs. 408–412). Small claims (A.M. No. 08-8-7-SC as amended): money claims up to PHP 1,000,000 before first-level courts; lawyers cannot appear for parties at the hearing.

• Ethics: the Code of Professional Responsibility and Accountability (A.M. No. 22-09-01-SC, 2023) requires fairness and truthfulness; do not threaten criminal or administrative charges to gain an advantage in a civil matter, and do not communicate directly with a party you know is represented by counsel.

• Paper: A4 chosen for correspondence. Papers filed in court follow the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC) — see README.

Field labels in [SQUARE BRACKETS, CAPITALS] must be completed or deleted. Alternatives are separated by a slash (e.g., [HIS/HER]). © Layers (layers.md), licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). You may adapt and reuse this template with attribution. Template — review by a Philippine lawyer before use. Not legal advice.

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