The Final Demand Notice is a crucial document in Nigerian debt recovery practice, serving as the final formal communication before legal action is initiated. It is typically used when previous attempts to collect a debt have been unsuccessful and the creditor is prepared to escalate the matter to legal proceedings. The document must comply with Nigerian legal requirements, including those set out in the Recovery of Debts Act and various state civil procedure rules. The notice should clearly state the debt amount, payment history, and give a reasonable deadline for payment (usually 7-14 days). It's essential in establishing a paper trail for potential court proceedings and demonstrating that the creditor has taken reasonable steps to recover the debt before pursuing legal action. The document's format and content must be carefully considered to ensure its admissibility in Nigerian courts and compliance with local debt collection practices.
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1. Letterhead and Date: Official letterhead including sender's details and current date
2. Recipient Details: Full name and address of the debtor, including any reference numbers
3. Subject Line: Clear indication that this is a Final Demand Notice with reference to the debt
4. Debt Details: Precise amount owed, origin of debt, and date it was incurred
5. Payment History: Summary of previous payments made (if any) and current outstanding balance
6. Previous Communications: Reference to previous demands and correspondence
7. Payment Deadline: Clear statement of final deadline for payment (typically 7-14 days)
8. Payment Instructions: Detailed information on how payment should be made
9. Legal Consequences: Clear statement of legal action that will follow non-payment
10. Closing and Signature: Formal closing, signature block with authorized signatory details
1. Interest and Penalties: Include when additional charges or interest are applicable to the debt
2. Settlement Offer: Optional section offering a one-time settlement amount or payment plan
3. Business Registration Details: Include when dealing with corporate debtors
4. Without Prejudice: Include when making any settlement offers or concessions
5. Debt Validation Statement: Include when there might be disputes about debt validity
6. Credit Rating Impact: Include when applicable to warn about impact on credit rating
7. Legal Authority: Include when writing on behalf of another party or as a legal representative
1. Statement of Account: Detailed breakdown of the debt, including principal, interest, and other charges
2. Communication Log: Timeline of all previous attempts to collect the debt
3. Original Contract: Copy of the original agreement or contract that led to the debt
4. Payment History Schedule: Detailed record of all payments made and missed payments
5. Supporting Documents: Any relevant invoices, delivery notes, or other proof of debt
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Credit Manager
Collections Officer
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Company Secretary
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