The Demand Notice For Recovery Of Outstanding Dues is a fundamental tool in Indian debt recovery proceedings, essential when a debtor has defaulted on payment obligations. This document is typically used after informal collection attempts have failed but before initiating formal legal proceedings. It serves multiple purposes: establishing a formal record of the demand, complying with legal requirements for debt recovery, and providing the debtor with a final opportunity to settle the dues before legal action. The notice must be drafted in accordance with Indian legislation, including the Indian Contract Act, 1872, and relevant debt recovery laws. It should clearly state the outstanding amount, include all necessary supporting documentation, and specify the timeline for payment. This document is particularly crucial as courts often examine whether proper notice was given before legal proceedings were initiated.
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1. Sender Details: Full name, address, and contact information of the creditor or their authorized representative
2. Recipient Details: Full name, address, and contact information of the debtor
3. Subject Line: Clear indication that this is a Demand Notice for Recovery of Outstanding Dues with reference numbers if applicable
4. Reference to Original Agreement: Details of the original contract or agreement that created the debt obligation
5. Outstanding Amount Details: Clear breakdown of the principal amount, interest, penalties, and total sum demanded
6. Payment History: Brief summary of previous payments made and missed payments
7. Legal Basis: Reference to relevant laws and contractual provisions that support the demand
8. Payment Instructions: Clear instructions on how and when the payment should be made
9. Consequences of Non-Payment: Statement of legal actions that may be taken if payment is not received
10. Time Frame for Response: Clear deadline for response or payment, typically 7-30 days depending on context
11. Closing and Signature: Formal closing, signature, and details of the authorized signatory
1. Previous Correspondence Reference: Include when there have been previous attempts to collect the debt or relevant correspondence
2. Security Details: Include when the debt is secured against any assets or collateral
3. Settlement Options: Include when the creditor is willing to offer payment plans or settlement options
4. Power of Attorney Reference: Include when the notice is being sent by a legal representative on behalf of the creditor
5. Without Prejudice Clause: Include when the creditor wishes to preserve their legal rights while potentially negotiating
6. CC List: Include when copies are being sent to other relevant parties such as guarantors or legal representatives
1. Statement of Account: Detailed breakdown of all transactions, payments, interest calculations, and current balance
2. Copy of Original Agreement: Attach the relevant portions of the original agreement or contract that established the debt
3. Payment History Schedule: Chronological list of all payments made and missed payments with dates
4. Interest Calculation Schedule: Detailed calculation of interest charges and penalties
5. Supporting Documents: Copies of relevant invoices, bounced checks, or other evidence of the debt
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