A letter of demand usually gives the other party 7 to 14 days to pay or respond. The letter itself can normally be prepared and sent within a few days once the attorney has the documents.

The deadline must be reasonable for what is being asked. Paying a simple invoice can be done quickly. Fixing defective work, or returning property, may need more time.

Credit agreements are different

If the debt arises from a credit agreement covered by the National Credit Act, such as a loan, store account, or vehicle finance, the creditor must send a section 129 notice. Legal action may only start once at least 10 business days have passed since that notice was delivered, and the consumer has not responded as the Act allows.

If the deadline passes without payment, the creditor can issue a summons. If you received the letter, do not wait for the deadline to pass before getting advice.

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.

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