Letter of Demand | Onah Attorneys

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Onah Attorneys Inc • Johannesburg

Letter of Demand – The Cheapest Litigation You’ll Never Need

Most debtors and defaulters ignore you — until an attorney’s letterhead lands. A properly drafted letter of demand states the claim, the legal basis, the deadline and the consequences, and it converts a striking share of disputes into payment or settlement within days. We draft and dispatch demands the same week, and if they’re ignored, the escalation to summons is already loaded.

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When you need letter of demand attorneys

Unpaid invoices, loans or damages claims

Demanding performance of a contract before cancellation

Section 129 NCA notices before credit litigation

Demanding return of property or documents

Neighbour disputes — nuisance, encroachment, damage

Defamation retraction and apology demands

Employer demands — restraint breaches, company property

Responding to a demand you received

How we handle your matter

  1. Claim review

    We verify the legal basis and quantum — a demand that overreaches weakens later litigation, so we get the number and cause of action right.

  2. Drafting

    The demand sets out facts, legal grounds, the exact amount or conduct required, the deadline and consequences of default.

  3. Dispatch & proof

    Sent by email and registered post or sheriff where proof of receipt matters — prescription-interrupting service when the claim is old.

  4. Response handling

    We negotiate any counteroffers, secure payment arrangements with signed acknowledgments of debt, and document settlements properly.

  5. Escalation

    Ignored demands escalate on your instruction to summons or application — with the demand as Exhibit A on costs.

Fees — transparent, agreed upfront

A standard letter of demand is a fixed fee. Volume debtor books are priced per matter with escalation tariffs agreed upfront, and NCA notices are batched cost-effectively.

Key legislation:
  • National Credit Act 34 of 2005 (Section 129)
  • Prescription Act 68 of 1969

Frequently asked questions

Is a letter of demand legally required?

For credit agreements under the NCA, yes — a Section 129 notice is mandatory before summons. For most other claims it is optional but tactically decisive, and required to put a debtor in mora where no due date was agreed.

What must a letter of demand contain?

The parties, the facts giving rise to the claim, the legal basis, the precise amount or performance demanded, a deadline (commonly 7–14 days), and the stated consequence — litigation without further notice.

Can I send a letter of demand myself?

You can, but attorney demands are answered at multiples of the rate of private ones — and a defective demand (wrong amount, wrong entity, missed NCA notice) can prejudice the case that follows.

Does a letter of demand interrupt prescription?

No — only an acknowledgment of liability by the debtor or service of court process interrupts prescription. If the debt is near 3 years old, we issue summons, not just letters.

What if the other side ignores the letter?

Then it has done its job anyway: it proves mora, sets up costs arguments, and shows the court you acted reasonably. We escalate to summons with your instruction.

I received a demand — should I pay?

Not before advice. Demands overstate claims routinely. We assess merits, negotiate, and respond in a way that protects you without admitting liability carelessly.

Speak to an Attorney Today

Get straight answers about letter of demand attorneys from a firm that fights to win. First consultation — no obligation, full confidentiality.

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