What is this?
Occasionally, in international trade dealings, you may face a situation where a foreign seller or buyer fails to perform the contract as agreed. Suppose your kind reminders/inquiries are ignored. In that case, it is time for a Demand Letter to be prepared and sent by a lawyer licensed in that country. A Demand Letter contains specific behests, usually with clear deadlines. It signals to the other party that additional formal actions such as litigation will be the next step if they do not take the situation seriously.
A well-crafted Demand Letter sent by a lawyer can be a powerful tool to persuade the other contractual party to correct its mistake and perform under the signed contract. Demand letters can also:
Kick-off negotiations between the parties, leading to settlement and resolution
Suggest alternative requests to help you get fair compensation
Act as a pre-step to litigation – usually a “must-have” before you file a lawsuit against the other party
For this service, a vetted, experienced, English-speaking lawyer in China will prepare both English and Chinese versions of the Demand Letter for you, ensuring that the letter is forceful, persuasive and can be used as evidence in your favour in court if necessary.
To book this service, provide your and your counterparty’s business names and contact information. The English and Chinese versions of the Demand Letter will be delivered to your Trustiics dashboard in 5 business days once the lawyer receives all necessary information.
Value and Benefits
High-quality and reliable: your agreement will be drafted by a lawyer with solid experience advising international clients in this field in China
Fast and efficient: service provided by a vetted, experienced legal professional within five business days and sent directly to your dashboard
Convenient: you don’t need to find an English-speaking lawyer in China by yourself or worry about making an international wiring payment
Secure: all the data and information are transported on the secured Cloud operated by Amazon Web Service
Private and direct: one-on-one communication and messaging available with the lawyer through your dashboard
Transparent and affordable: The price for such a service provided by top-tiered lawyers in China is unbeatable. There is no hidden subscription fee. You don’t pay until the lawyer delivers the service
Typical Use Scenarios
It would be best if you had a China licensed lawyer to prepare and send a customized formal attorney Demand Letter when:
A Chinese seller has not shipped your order or responded to your requests after paying the down payment. A Chinese seller sent you the wrong products or delivered the products to a wrong location but has not responded to your request for correcting the error; or
A Chinese buyer has not made the full payment according to the contract after you delivered the goods; or
A Chinese distributor, agent or OEM has not performed the contract as agreed nor corrected their mistake after you requested
One of the following lawyers will provide the service after the request is placed.
Emilia has more than 20 years of private practice experience. Her practice covers a broad range of practice areas, from dispute resolution to capital markets. She has advised many international clients on their business activities and transactions in China and has a good understanding of international clients’ needs.
Jenny has over 14 years of experience as a lawyer in China specializing in international trade, foreign investment and cross-border commercial litigation and arbitration. She has rich experience in drafting and/or reviewing international commercial contracts, due diligence, and dispute resolution.
Frequently Asked Questions
What is a Demand Letter? What is the purpose of a Demand Letter?
A Demand Letter is a formal notice usually prepared by a lawyer on behalf of a client requesting another party to take a specified action or stop specified wrongdoing before a specific date. The purpose of a Demand Letter is to inform another party that it or he has breached a contract or otherwise violated the sender’s rights. It is a step before a more serious legal action such as litigation to resolve the dispute in a more collaborating way.
Is a Demand Letter the same thing as a Demand Notice?
Yes, it can refer to the same legal document so long as they serve the same purpose.
Can a lawyer send a Demand Letter?
Yes, it is often prepared and sent out by a lawyer on behalf of a client. It is especially true when a Demand Letter is addressed to a foreign party in the international business context. Otherwise, the foreign party might not believe the demand was as serious.
Can I use a template Demand Letter downloaded from the internet?
You can download a template demand letter and send it on your own. But it would be much less effective, if at all, in terms of getting the serious attention of the party in default, especially when the defaulting party has already known they are in default. Sometimes, the template might make the situation worse because you might unintentionally admit or agree to something that you do not want when using a template.
Can I have a lawyer in my home country draft and send the Demand letter to a company in China?
Of course, you can have the lawyer in your home country prepare the Demand Letter. In that case, we would recommend you have a China-qualified lawyer with first-hand experience in the local market to review the letter and send it out on your behalf. Having an experienced local lawyer send out the Demand Letter on your behalf puts more pressure on the other party to respond. In addition, lawyers practicing in a particular country can customize the demands based on the local practice and take into consideration of the possible reactions from the other party.