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VIC Letter of Demand - Change Mind after Sending?

Discussion in 'Debt and Bankruptcy Law Forum' started by Jen_01, 26 August 2015.

  1. Jen_01

    Jen_01 Active Member

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    Hi,
    When a letter of demand is sent out, ending with a threat to take legal action in court if the payment is not received by a certain date, does the sender of the demand letter have the right to change his mind in pursueing legal action in court, if the receiver of the demand letter does not reply or is not willing to pay?

    Thanks
     
  2. Sophea

    Sophea Well-Known Member

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    Yes of course. But even if you said, "If you don't pay by [date] we will commence legal proceedings" I'm guessing htat you haven't stated when you will commence legal proceedings -- you usually have 6 years from the date the debt on which the debt became due and wasn't paid, the date the last payment was made; the date the debtor admitted in writing he or she owed the debt - before statutory time limit expires to being a recovery action in court. In any event, I have never heard of anyone suing for pain and suffering for threatening to take legal proceedings when it is within the creditor's right to do so.
     
  3. Jen_01

    Jen_01 Active Member

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    Thank you very much Sophea
     

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