The Legal Notice For Non-Payment is a critical document in New Zealand's commercial and legal landscape, used when a party has failed to meet their payment obligations under a contract or agreement. This formal notice is typically issued after informal payment requests have been unsuccessful and before initiating legal proceedings. It must comply with New Zealand legislation, including the Contract and Commercial Law Act 2017 and the Credit Contracts and Consumer Finance Act 2003. The document should clearly state the amount owed, payment history, deadline for payment, and potential consequences of continued non-payment. It serves multiple purposes: formally documenting the payment demand, providing the debtor with a final opportunity to settle, and establishing evidence of reasonable debt recovery attempts if legal action becomes necessary.
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1. Sender Details: Full legal name and contact details of the creditor or their legal representative
2. Recipient Details: Full legal name and address of the debtor
3. Date: Current date of the notice
4. Reference Line: Clear subject line identifying this as a formal payment notice
5. Debt Details: Specific details of the outstanding amount, including original amount, interest, and current total
6. Payment History: Brief summary of previous payments and failed payment attempts
7. Legal Basis: Reference to the underlying contract or obligation creating the debt
8. Demand Statement: Clear statement of demand for payment, including the total amount due
9. Payment Terms: Specific deadline for payment and acceptable payment methods
10. Consequences: Clear statement of legal actions that will be taken if payment is not received
11. Closing: Formal closing and signature block
1. Security Interest Notice: Include when the debt is secured against specific assets or property
2. Guarantor Notice: Include when there are guarantors who need to be notified of the payment default
3. Interest Calculation: Detailed breakdown of interest calculations when claiming statutory or contractual interest
4. Previous Correspondence: Reference to previous payment requests when multiple notices have been sent
5. Payment Plan Option: Include when willing to accept payment by installments
6. GST Statement: Include when the debt includes GST components that need to be specifically identified
7. Dispute Resolution: Include when specific dispute resolution procedures are available or required
1. Statement of Account: Detailed breakdown of all transactions, payments, and interest charges
2. Copy of Original Contract: Copy of the agreement or contract that established the payment obligation
3. Payment History Log: Chronological record of all payments made and missed payments
4. Interest Calculation Schedule: Detailed calculations of interest charges and penalties
5. Previous Notices: Copies of previous payment demands or correspondence regarding the debt
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