{"id":69083,"date":"2016-10-24T15:05:57","date_gmt":"2016-10-24T13:05:57","guid":{"rendered":"https:\/\/tcm.be\/glossarium\/letter-of-demand-summons-default-notice\/"},"modified":"2026-01-14T23:48:50","modified_gmt":"2026-01-14T22:48:50","slug":"letter-of-demand-summons-default-notice","status":"publish","type":"glossarium","link":"https:\/\/tcm.be\/en\/glossarium-en\/letter-of-demand-summons-default-notice\/","title":{"rendered":"Letter of demand, Summons, Default notice"},"content":{"rendered":"\n<p>A\u00a0<strong>letter of demand<\/strong>\u00a0(LOD) or a dunning letter (<a href=\"https:\/\/tcm.be\/en\/wording-of-a-payment-reminder\/\">example<\/a>) is the written way for a <a href=\"https:\/\/tcm.be\/en\/creditor-definition\/\">creditor <\/a>to require payment from his <a href=\"https:\/\/tcm.be\/en\/debtor-definition\/\">debtor<\/a>.\u00a0 The summons or\u00a0<strong>default notice<\/strong>\u00a0is a more formal text (Dutch: \u201cingebrekestelling\u201d, French: \u201cmise en demeure\u201d.\u00a0 In fact, these letter are usually about the payment of an agreed sum of money but they could also require the execution of an obligation to do (or not to do) something. The <strong>demand letter of payment<\/strong> and the default notice inform the <strong>debtor<\/strong> that the payment has not been received on time by the <a href=\"https:\/\/tcm.be\/en\/creditor-definition\/\">creditor<\/a>.\u00a0 The wording of such letters should always remain simple and with positive language. \u00a0Threats and hard language are counterproductive. The default notice is essential before to go to <strong>courts<\/strong>.\u00a0 It must be unequivocal and therefore, we advise for the use of the terms: \u201cwe summon you to pay\u201d followed by the amount due and by the maximum timespan allowed (could be \u201cimmediately\u201d).\u00a0 If sent by registered mail, a <strong>default notice<\/strong> can more effectively be used as a proof if there is a later dispute.\u00a0 Emails and faxes also leave traces of delivery, please keep these. The law does not specify any contents for a <strong>default notice<\/strong>; except the <a href=\"https:\/\/tcm.be\/en\/belgian-law-consumer-debt-collection\/\">law of 20 Dec 2002 on consumer debt collection<\/a>, but the latter applies only to third party <strong>debt collection<\/strong> (regarding the article about default notice contents), hence not to the <strong>creditor\u2019s own actions<\/strong>. Note: some <a href=\"https:\/\/tcm.be\/en\/creditor-definition\/\">creditors <\/a>also send due date reminders.\u00a0 These are sent a few days before the debt is due.\u00a0 It is appropriate for bigger <a href=\"https:\/\/tcm.be\/en\/receivable\/\">receivables <\/a>and\/or more complex issues (like international trade). The<strong>first demand letter<\/strong> is best send a few days after the date the <strong>debt<\/strong> was due.\u00a0 It is usually followed by a <strong>default notice<\/strong> after about 10 days.\u00a0 Thereafter, it is appropriate to make a phone call to the debtor.\u00a0 Indeed, repeating demand letters could actually send an unwanted \u201cdon\u2019t worry\u201d information to the <a href=\"https:\/\/tcm.be\/en\/debtor-definition\/\">debtor<\/a>.\u00a0\u00a0 It is advisable to include interests and costs in the <strong>demand letters<\/strong> and <strong>default notices<\/strong> (either as a reminder that these might be added on the next step or as amounts immediately added to the required payment). If two letters and a phone call did not trigger payment, it is better to outsource the matter to a debt collection office.\u00a0 Indeed, at such stage it is likely that there is a problem with this debt.\u00a0 <strong>TCM<\/strong> handles thousands of such <a href=\"https:\/\/tcm.be\/en\/receivable\/\">receivables<\/a>.\u00a0 Less than 1% of these claims end up in court.\u00a0 That is mainly due to our organized and systematic communication with <a href=\"https:\/\/tcm.be\/en\/debtor-definition\/\">debtors<\/a>. \u00a0 <\/p>\n\n\n\n<p>Updated 24\/10\/16<\/p>\n\n\n\n<p>Definitions provided under this section refer to the Belgian situation; unless specified otherwise. The texts are meant to summarize concepts in daily language and should not be considered as comprehensive or definite. We welcome suggestions for modifications or additions at\u00a0<a href=\"mailto:glossary@tcm.be\">glossary@tcm.be<\/a>.<\/p>\n","protected":false},"featured_media":0,"template":"","class_list":["post-69083","glossarium","type-glossarium","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/glossarium\/69083","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/glossarium"}],"about":[{"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/types\/glossarium"}],"wp:attachment":[{"href":"https:\/\/tcm.be\/en\/wp-json\/wp\/v2\/media?parent=69083"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}