Subpoena for payment – what and when to write

There is no single model of a demand for payment. To be effective, it should be official and contain information that will let the debtor know what is owed.
A call for payment is the best way to remind the debtor that he does not pay his dues on time. If the situation does not change, there is no choice but to take the matter to court. But before we do that, it is worth sending a final pre-trial demand for payment.
A demand for payment is a letter addressed to a debtor in order to collect a debt. It is the first official step to recover money. We should not refer the case to court right away. Often sending a call for payment solves the case because some people pay their debts after receiving such a letter.
There is no single model of a demand for payment. To be effective, however, it should be official and contain information that will let the debtor know what the amount is. It is also worth informing what legal steps will be taken if the money is not received.
The legal basis is important. According to article 455 of the Civil Code, if the time limit for payment is not specified or does not arise from the nature of the obligation, the payment should be made immediately after the debtor is called upon to perform it.
According to the article 476 the debtor is in default if he does not fulfill his obligation on time, and if the time limit is not specified, if he does not fulfill his obligation immediately after being summoned by the creditor.
This does not apply to the case when the delay in the performance is a consequence of circumstances for which the debtor is not responsible. In the situation where the debt exists without a definite time limit, interest for delay may be charged. They will be calculated only after the expiration of the deadline contained in the creditor’s call for payment.
What should be included in the letter:
– place and date of the letter
– data of the creditor (address, other contact data)
– data of the debtor (name, surname or name, address)
– explanation why we are sending the letter, which contracts or invoices it concerns (number of invoice, date of issue, when the payment deadline passed)
– legal basis
– amount of the debt
– deadline for repayment of the debt
– bank account number to which the overdue amount should be paid or transferred
– signature of the person preparing the demand
– information about the steps we will take if we do not receive payment by the specified deadline.
It is advisable to send the demand for payment by registered mail and keep the receipt.

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