Writing a request for payment

Call for payment is the letter initiating the debt recovery process, about which you can read more in the article Debt collection. It is a pre-litigation letter with a reminder and information function. After it has been sent to the debtor, there is a good chance that he will pay at least part of the amount due, motivated by the desire to avoid litigation, and it may even happen that he will settle the entire claim, the payment of which he has simply missed, as happens in today's busy world.

The law does not require a writ of summons to be addressed to the debtor. However, it is advisable to do this before sending the statement of claim to court, because if it turns out that our debtor, at the first procedural step, which is usually the receipt of the statement of claim, makes a statement that he accepts the claim, the court may award the costs of the court proceedings to us as the plaintiff in favour of the defendant, despite the fact that we are the ones who won the case. The point is that the defendant has not given cause of action, and in such a case, the rules of civil procedure allow the court to make such an order.

Thus, if the creditor had sent to the debtor prior to the commencement of the legal proceedings request for paymentIf the defendant had not responded to the summons by the time it was due, there would be no reason to conclude that the defendant had not given cause to bring the action, even if he acknowledged the debt after receiving the summons. The case-law points out that the defendant has not given cause to bring an action if his attitude towards the claim submitted by the claimant justifies the conclusion that the claimant would have been satisfied even without bringing an action.

At the request of clients, specialists from law firms draft summonses for the payment of debts. Such summonses, signed by advocate or legal advisercan sometimes have a more effective effect than a summons drawn up and signed by an accountant or entrepreneur. Such a document first of all contains all the desired elements, including call for payment interest and an indication that the matter will be taken to court if payment is not made by the deadline. At the same time, it is a clear signal that the creditor does not intend to wait any longer to enforce the debt and that he has entrusted the recovery of the debt law firm.

Nor is it expedient or desirable to send several more requests for payment. Such behaviour may lead the debtor to believe that the creditor does not intend to pursue the claim in court, but is merely 'threatening' the court.

If we are affected by a problem with troublesome debtors, problems with debt collection or simply need to calls for payment drawn up and signed by advocate or legal adviser and by him to the debtor, it is worth using the the services of a law firmto ensure that the whole process is carried out in accordance with the law and ends with the result that was intended for us.