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ARTICLE · 01 JUNE 2021

Chasing debtors - the solicitors letter of demand

Bartier Perry Solicitors
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Legislation, conduct rules and guidelines impact upon what your solicitor can and cannot say in a letter of demand.

AustraliaLitigation, Mediation & Arbitration
Jennifer Shaw
Jennifer Shaw
Snezana Roskov
Snezana Roskov
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A letter of demand issued by a solicitor to a debtor can often result in prompt payment of outstanding debts.  This can be a cost-effective means of recovering money.  At Bartier Perry we offer an online letter of demand service for just $55.

But did you know that legislation, conduct rules and guidelines impact upon what your solicitor can and cannot say in a letter of demand?  In this bulletin we explore this further.

Letters of demand must not mislead, intimidate or threaten

By reason of the Australian Solicitors Conduct Rules 2015 (adopted in NSW, VIC, ACT, QLD and SA), solicitors must ensure that letters of demand:

  • do not include any statements that grossly exceed the legitimate assertion of the rights and entitlements of the solicitor's client, and which misleads or intimidates another person.

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