Collection & NoticesB.P. Blg. 22 (Bouncing Checks Law), Sec. 2; Civil Code Art. 1169 (Mora solvendi / Delay upon demand).

Formal Demand Letter (Unpaid Debt & Bouncing Check)

Formal written Notice of Dishonor and Demand for Payment, establishing debtor default and fulfilling the mandatory statutory notice under B.P. Blg. 22.

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[DATE] VIA PERSONAL SERVICE / REGISTERED MAIL WITH RETURN RECEIPT TO: [FULL NAME OF DEBTOR / DRAWER] [RESIDENTIAL OR BUSINESS ADDRESS] [CITY / PROVINCE, POSTAL CODE] Contact No.: [PHONE NUMBER] SUBJECT: FORMAL AND FINAL DEMAND TO PAY (NOTICE OF DISHONOR UNDER BATAS PAMBANSA BLG. 22) Dear [MR./MS. LAST NAME]: This formal demand is made on behalf of the undersigned, [YOUR FULL NAME / COMPANY NAME], regarding your outstanding financial obligation and/or dishonored check(s) described hereunder: 1. On [DATE OF OBLIGATION/TRANSACTION], you incurred a financial obligation in the principal amount of [AMOUNT IN WORDS] PESOS (₱[AMOUNT IN NUMBERS]), pursuant to [BRIEFLY CITE BASIS, e.g. Promissory Note dated ___ / Contract of Loan / Invoice No. ___]; 2. In payment / settlement of the said obligation, you drew and issued the following bank check(s) in favor of the undersigned: - Check No.: [CHECK NUMBER] - Bank / Branch: [NAME OF BANK, e.g., BDO Unibank - Makati Branch] - Date of Check: [DATE ON CHECK] - Amount: ₱[AMOUNT IN NUMBERS] ([AMOUNT IN WORDS] PESOS) 3. Upon due presentment of the said check(s) to the drawee bank within the ninety (90) day statutory period, the same was DISHONORED and RETURNED unpaid for the reason: "[STATE REASON, e.g., DRAWN AGAINST INSUFFICIENT FUNDS (DAIF) / ACCOUNT CLOSED]"; 4. Under Section 2 of Batas Pambansa Blg. 22, the making, drawing, and issuance of a check payment of which is refused by the drawee bank because of insufficient funds constitutes a criminal offense punishable by fine and/or imprisonment; 5. Furthermore, under Article 1169 of the Civil Code of the Philippines, those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation; DEMAND IS HEREBY MADE upon you to pay the full sum of [TOTAL AMOUNT IN WORDS] PESOS (₱[TOTAL AMOUNT IN NUMBERS]), plus accrued legal interest and collection expenses, within FIVE (5) BANKING DAYS from your receipt of this notice. Payment may be made in cash or manager's check directly to the undersigned at: [INDICATE PAYMENT LOCATION OR BANK ACCOUNT DETAILS] PLEASE TAKE NOTICE that your failure to settle the full amount within the said five (5) banking-day period will leave the undersigned with no other recourse but to immediately initiate appropriate CRIMINAL PROCEEDINGS for violation of Batas Pambansa Blg. 22 (Bouncing Checks Law) and/or Estafa under the Revised Penal Code, as well as a CIVIL ACTION for collection of sum of money with damages and attorney's fees, without further notice. GOVERN YOURSELF ACCORDINGLY. Very truly yours, ________________________________________ [YOUR FULL SIGNATURE] [YOUR PRINTED NAME / AUTHORIZED SIGNATORY] [YOUR ADDRESS AND CONTACT DETAILS] --- PROOF OF RECEIPT (If personally served): Received original copy of this Demand Letter on [DATE OF RECEIPT]: Signature: __________________________________ Printed Name: _______________________________ Relationship to Debtor (if agent/representative): ______________