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Legal Letter For Non Payment Template for Switzerland

A formal legal demand letter used in Switzerland to formally request payment of outstanding debts, governed by Swiss law, particularly the Code of Obligations (OR) and the Debt Enforcement and Bankruptcy Act (SchKG). This document serves as a crucial step in the debt collection process, typically sent before initiating formal legal proceedings. It must contain specific elements required under Swiss law, including precise payment details, clear payment terms, and explicit consequences of non-payment. The letter establishes a formal record of the payment demand and can be used as evidence in subsequent legal proceedings if necessary.

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What is a Legal Letter For Non Payment?

The Legal Letter For Non Payment is a critical document in Swiss business operations, used when standard invoicing and reminder processes have failed to secure payment. This formal communication is typically issued after informal payment reminders have been unsuccessful and before initiating formal debt collection proceedings under Swiss law. The letter must comply with Swiss Code of Obligations (OR) and Debt Enforcement and Bankruptcy Act (SchKG) requirements, including specific content such as payment details, deadline specifications, and consequences of non-payment. It serves multiple purposes: formally demanding payment, creating a legal record, and fulfilling the statutory requirement of notice before legal action. The document is particularly important in Switzerland's legal framework as it can affect the creditor's rights in subsequent enforcement proceedings and the ability to claim default interest and collection costs.

What sections should be included in a Legal Letter For Non Payment?

1. Sender Details: Full legal name and address of the creditor or their legal representative

2. Recipient Details: Full legal name and address of the debtor

3. Date and Reference: Current date and any relevant reference numbers or invoice numbers

4. Subject Line: Clear indication that this is a formal payment demand (e.g., 'Final Notice of Payment - Legal Demand')

5. Outstanding Amount: Precise statement of the outstanding amount, including original sum, any interest, and other charges

6. Payment History: Brief chronology of the debt, including original due date and any previous payment requests

7. Legal Basis: Reference to relevant contract or legal basis for the debt

8. Payment Demand: Formal demand for payment with specific deadline (typically 10-30 days under Swiss law)

9. Consequences: Clear statement of legal actions that will be taken if payment is not received

10. Payment Instructions: Detailed banking information and payment methods accepted

What sections are optional to include in a Legal Letter For Non Payment?

1. Interest Calculation: Detailed breakdown of interest calculations when claiming default interest under OR Art. 104

2. Previous Correspondence: Reference to previous reminders when there has been extensive prior communication

3. Settlement Offer: Optional payment arrangement proposals if the creditor is willing to negotiate

4. Dispute Resolution: Include when there's a specific dispute resolution clause in the original agreement

5. Power of Attorney: Required when the letter is sent by a legal representative on behalf of the creditor

What schedules should be included in a Legal Letter For Non Payment?

1. Copy of Original Invoice: Copy of the unpaid invoice(s) as evidence of the debt

2. Payment History Statement: Detailed statement showing all relevant transactions and payment history

3. Contract Extract: Relevant excerpts from the underlying contract or agreement if applicable

4. Previous Notices: Copies of previous payment reminders or demands sent to the debtor

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Demand Letter

Cost

Free to use

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