No, a letter of demand does not need to be from a lawyer. A creditor may send one personally. What matters is that the letter clearly states the claim, the amount, and a reasonable deadline, and that you can prove it was delivered.
There are good reasons to use an attorney, though. An attorney's letter signals that you are prepared to go to court. The attorney will check whether the claim is still within the prescription period (generally three years for ordinary debts), whether the right person or company is being named, and whether any statutory notice is required first.
When the wording matters most
- Debts under credit agreements, where the National Credit Act prescribes a section 129 notice
- Claims against government departments or municipalities, where notice must usually be given within six months
- Contracts that say how and where notices must be delivered
- Claims large enough to be heard in the regional court or High Court
If the letter is ignored, the next step is usually a summons, and at that point most people want an attorney involved anyway.
Need help with this? See Litigation & Dispute Resolution.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.