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10 Day Demand Letter For Bad Check for India

10 Day Demand Letter For Bad Check Template for India

A 10-day demand letter for a bad check is a formal legal notice issued under Section 138 of the Negotiable Instruments Act, 1881 in India. This document serves as a mandatory prerequisite before initiating criminal proceedings against the issuer of a dishonored check. The letter formally demands payment of the check amount within 10 days of receipt, clearly stating the check details, circumstances of dishonor, and potential legal consequences. Under Indian law, this notice must be sent within 30 days of the check's dishonor, and it establishes the foundation for legal action if the payment is not made within the specified period.

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What is a 10 Day Demand Letter For Bad Check?

The 10 Day Demand Letter For Bad Check is a crucial legal document used in Indian jurisdiction when a check has been dishonored due to insufficient funds, account closure, or other reasons. This document is mandated by Section 138 of the Negotiable Instruments Act, 1881, and serves as a final warning before initiating criminal proceedings. It must be issued within 30 days of receiving the cheque return memo from the bank. The letter includes specific details about the dishonored check, circumstances of its presentation and return, and a clear demand for payment within 10 days. This document is essential for establishing the payee's cause of action and the drawer's liability under Indian law, as failure to send this notice or including incorrect information can invalidate subsequent legal proceedings.

What sections should be included in a 10 Day Demand Letter For Bad Check?

1. Sender Details: Full name, address, and contact information of the person/entity sending the demand letter

2. Date: Current date of the letter issuance

3. Recipient Details: Full name, address of the check issuer/drawer

4. Subject Line: Clear indication that this is a demand notice for dishonored check

5. Check Details: Specific details of the dishonored check including check number, date, amount, and bank details

6. Dishonor Information: Details of when and why the check was dishonored, including the date of presentation and return

7. Formal Demand: Clear statement demanding payment within 10 days as per Section 138 of Negotiable Instruments Act

8. Legal Consequences: Statement of legal action that will be taken if payment is not made within the specified period

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

10. Closing: Formal closing with signature block and sender's name

What sections are optional to include in a 10 Day Demand Letter For Bad Check?

1. Previous Communications: Reference to any prior communications regarding the check or payment, if applicable

2. Additional Charges: Details of any bank charges or other costs incurred due to the check bounce, if claiming

3. Payment History: Reference to any previous partial payments or payment attempts, if relevant

4. Witness Details: Names and addresses of witnesses to the check issuance, if available

5. Good Faith Statement: Statement indicating previous good faith attempts to resolve the matter, useful in demonstrating reasonableness

What schedules should be included in a 10 Day Demand Letter For Bad Check?

1. Copy of Dishonored Check: Photocopy of the dishonored check (front and back)

2. Bank Return Memo: Copy of the bank memo or statement showing the check was dishonored

3. Previous Correspondence: Copies of any relevant previous correspondence regarding the payment

4. Proof of Delivery: Postal or courier receipt for sending the demand notice (to be attached after sending)

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
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