The Demand To Pay Letter is a crucial document in Swiss commercial practice, used when formal payment collection becomes necessary after standard invoicing processes have failed to secure payment. This document serves as a formal notice under Article 102 of the Swiss Code of Obligations, putting the debtor in default and potentially initiating the debt collection process. The letter must include specific elements to be legally effective, such as clear identification of parties, precise debt amounts, payment deadlines, and potential consequences of non-payment. It represents a critical step before initiating formal debt enforcement proceedings under the Swiss Debt Enforcement and Bankruptcy Act (SchKG), and its proper preparation is essential for protecting creditor rights and ensuring legal compliance.
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1. Sender Details: Full legal name and address of the creditor/sending party
2. Date: Current date of the letter
3. Recipient Details: Full legal name and address of the debtor
4. Reference Line: Clear subject line indicating this is a formal payment demand (e.g., 'DEMAND FOR PAYMENT - FINAL NOTICE')
5. Outstanding Debt Details: Precise description of the outstanding amount, including original invoice numbers, dates, and any applicable interest calculations
6. Payment History: Brief summary of previous payment requests and communications
7. Legal Basis: Reference to the underlying contract or legal basis for the debt
8. Payment Demand: Clear and unequivocal demand for payment with specific amount
9. Payment Deadline: Clear statement of the deadline for payment (typically 10-30 days under Swiss practice)
10. Payment Instructions: Complete banking details and payment reference information
11. Legal Consequences: Statement of intended legal action if payment is not received by the deadline
12. Signature: Signature of authorized representative with name and title
1. Interest Calculation: Detailed breakdown of interest calculations when claiming default interest - include when interest is being charged
2. Previous Correspondence: References to previous demands or correspondence - include when there has been significant prior communication
3. Settlement Offer: Proposed payment arrangement or settlement terms - include when willing to negotiate payment terms
4. Copy Recipients: List of other parties receiving copies - include when relevant third parties need to be informed
5. Language Disclaimer: Statement about available language versions - include when dealing with multiple language regions in Switzerland
1. Invoice Copies: Copies of all relevant unpaid invoices
2. Statement of Account: Detailed statement showing all transactions, payments, and outstanding balance
3. Previous Notices: Copies of previous payment demands or relevant correspondence
4. Contract Extract: Relevant extract from the underlying contract showing payment obligations
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