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Second Letter Of Demand for Malaysia

Second Letter Of Demand Template for Malaysia

A Second Letter of Demand is a formal legal document used in Malaysian jurisdiction as a final written warning before initiating legal proceedings against a debtor. This document serves as an escalated follow-up to the first demand letter, clearly stating the outstanding amount, including any accrued interest and charges, while providing a final opportunity for the debtor to settle the matter before legal action commences. The document must comply with Malaysian civil procedure requirements and debt collection regulations, incorporating specific legal warnings and deadlines for response.

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What is a Second Letter Of Demand?

The Second Letter of Demand is a crucial document in Malaysian debt recovery practice, typically issued after the initial demand letter has failed to elicit a satisfactory response. This document serves as the final formal warning before legal proceedings are initiated, representing an escalation in the debt collection process. It must contain specific elements required under Malaysian law, including clear payment demands, deadline specifications, and explicit warnings about impending legal action. The Second Letter of Demand is particularly important as it forms part of the documentary evidence in any subsequent legal proceedings and demonstrates the creditor's reasonable attempts to resolve the matter before pursuing court action. The document should be drafted with precision, incorporating all relevant payment details, interest calculations, and legal bases for the claim while maintaining compliance with Malaysian debt collection regulations and civil procedure requirements.

What sections should be included in a Second Letter Of Demand?

1. Letterhead and Date: Law firm's letterhead, current date, and reference numbers including reference to the first demand letter

2. Recipient Details: Full name and address of the debtor, including any reference numbers

3. Subject Line: Clear indication that this is a Second and Final Letter of Demand, with reference to the specific debt or breach

4. Reference to First Demand: Acknowledgment of the first demand letter, its date, and the lack of satisfactory response

5. Debt Details: Precise amount owed, including any additional interest or charges since the first demand

6. Legal Basis: Clear statement of the legal basis for the claim and breach of contract or obligation

7. Demand Statement: Clear demand for payment with specific deadline and payment instructions

8. Legal Consequences: Explicit warning of legal action if payment is not received by the deadline

9. Closing and Signature: Standard closing, law firm's signature block and attorney details

What sections are optional to include in a Second Letter Of Demand?

1. Interest Calculation Breakdown: Detailed breakdown of how interest has been calculated, used when significant interest has accrued

2. Payment History: Summary of any partial payments or payment attempts, included when there is a payment history

3. Settlement Options: Proposed payment plans or settlement options, included when client is willing to negotiate

4. Additional Breaches: Details of any additional breaches since the first demand, included when applicable

5. Without Prejudice Save As To Costs: This marking when including settlement proposals or negotiations

What schedules should be included in a Second Letter Of Demand?

1. Statement of Account: Detailed breakdown of the debt, including principal, interest, and any other charges

2. Copy of First Demand Letter: Attachment of the previous demand letter for reference

3. Supporting Documents: Relevant contracts, invoices, or other documents proving the debt

4. Payment Instructions: Detailed banking or payment information for settlement of the debt

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Demand Letter

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Legal Services

Banking and Financial Services

Real Estate

Manufacturing

Retail

Construction

Professional Services

Healthcare

Education

Telecommunications

Logistics and Transportation

General Commerce

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Collections

Risk Management

Compliance

Business Development

Account Management

Relevant Roles

Credit Controller

Accounts Receivable Manager

Legal Counsel

Collections Manager

Finance Director

Credit Risk Manager

Debt Recovery Specialist

Corporate Lawyer

Financial Controller

Chief Financial Officer

Compliance Officer

Legal Manager

Business Development Manager

Account Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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