The Demand Letter to Collection Agency is a crucial document used in Swiss debt collection proceedings when a creditor decides to engage professional collection services after unsuccessful direct collection attempts. This document, governed by Swiss federal and cantonal laws, particularly the Federal Act on Debt Enforcement and Bankruptcy (DEBA), serves as the formal instruction and authorization for a collection agency to pursue debt recovery. It typically becomes necessary when internal collection efforts have been exhausted or when specialized expertise is required for debt recovery. The letter must contain comprehensive information about the debt, the debtor, previous collection attempts, and specific instructions for the collection agency, while ensuring compliance with Swiss data protection laws and debt collection regulations.
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1. Sender Details: Complete contact information of the creditor, including name, address, and any reference numbers
2. Date and Collection Agency Details: Current date and complete details of the collection agency being addressed
3. Subject Line: Clear identification of the letter's purpose and any relevant reference numbers
4. Debt Information: Specific details about the outstanding debt, including original amount, current amount with interest, and date of origin
5. Debtor Information: Complete identification and contact information of the debtor
6. Previous Collection Attempts: Summary of prior attempts to collect the debt, including dates and methods of contact
7. Collection Request: Formal request for collection services and specific actions requested from the agency
8. Authorization Statement: Express authorization for the agency to act on behalf of the creditor
9. Closing and Signature: Professional closing, signature block, and contact information for further communication
1. Urgency Statement: Include when there are specific time constraints or statute of limitations concerns
2. Settlement Authority: Include when the agency is authorized to negotiate settlements, specifying acceptable terms
3. Legal Proceedings Status: Include when there are ongoing or previous legal proceedings related to the debt
4. Special Instructions: Include when specific handling requirements or restrictions apply to the collection process
5. Multiple Debtor Information: Include when there are multiple debtors or guarantors for the same debt
6. Foreign Currency Information: Include when the debt involves foreign currency or international elements
1. Invoice Copies: Copies of all relevant invoices and payment demands
2. Contract Documentation: Copies of underlying contracts or agreements that established the debt
3. Payment History: Detailed record of any partial payments and payment attempts
4. Correspondence Log: Copies of previous correspondence with the debtor
5. Interest Calculation: Detailed breakdown of interest calculations and late fees
6. Proof of Delivery: Documentation proving delivery of goods or services if applicable
7. Power of Attorney: If required, formal authorization for the collection agency to act on behalf of the creditor
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