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Chapter 4

Form 4-1

This letter does not contain language required by the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. If there is any chance that the debt could be considered a consumer debt, the attorney should send the letter at form 4-2 in this chapter.

Demand Letter—Commercial Debt

[Date]

[Name and address of debtor]

Re:   [name of creditor], Creditor
[include if applicable: Account number [number]]
[other information describing debt, if applicable]
Our file number: [law office file number]

[Salutation]

I have been retained by [name of creditor] to collect the debt described above. As of [date], the amount owed is $[amount]. This total amount consists of $[amount], principal; $[amount], interest accrued through [date]; and [itemize other charges].

Demand is now made for payment of the debt. Because of the necessity of retaining this firm to collect this debt, payment in the additional amount of $[amount] as attorney’s fees must also be tendered at this time. Direct your payments to this office.

If a per diem interest charge can be calculated, provide it; oth­erwise, include the following paragraph.

Additional interest or other charges may accrue on this debt. To obtain a current payoff figure, call [telephone number] between [time] and [time], except for weekends or holidays.

Continue with the following.

I have been instructed to make only one demand for payment. If your payment is not forthcoming or if no arrangements are made to satisfy the debt, [name of creditor] will have no alternative but to pursue collection of this debt by all lawful means and through all remedies available at law. I trust, however, that this will not be necessary.

If you will forward to this office the amount of $[amount] within ten days from the date of this letter, we can all then put this matter to rest.

If you have any questions, please do not hesitate to call or write.

Sincerely yours,

   
[Name of attorney]

Certified Mail No. [number]

Return Receipt Requested