Demand Letter - Payment (Florida)

DEMAND LETTER - PAYMENT (FLORIDA)

Pre-suit payment demand letter drafted under Florida law, preserving remedies under Fla. Stat. §§ 95.04 (account stated), 55.03 (interest), 687.01 (legal interest rate), 501.2105 (FDUTPA fees where applicable), and 768.79 (offer of judgment fee-shifting).

[LAW FIRM LETTERHEAD / CREDITOR LETTERHEAD]
[Street Address]
[City, Florida, ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND EMAIL

[__/__/____]

To:
[________________________________]
[________________________________]
[________________________________]

Re: Formal Demand for Payment of Past-Due Amounts - [Account/Invoice No. ________________] - [CREDITOR NAME]

Dear [________________________________]:

This firm represents [CREDITOR LEGAL NAME] ("Creditor") in connection with amounts owing by [DEBTOR LEGAL NAME] ("Debtor") under the obligations described below. This letter is a formal demand for payment of those amounts.

CONSUMER NOTICE (if applicable). If this debt is a "consumer debt" as defined in the Florida Consumer Collection Practices Act ("FCCPA"), Fla. Stat. § 559.55(6), or the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692a, the following applies: This is an attempt to collect a debt by a debt collector, and any information obtained will be used for that purpose. Unless you, within thirty (30) days after receipt of this notice, dispute the validity of the debt or any portion thereof, the debt will be assumed to be valid. If you notify us in writing within that 30-day period that the debt or any portion thereof is disputed, we will obtain verification of the debt and mail it to you. Upon your written request within the 30-day period, we will provide you with the name and address of the original creditor if different from the current creditor.

I. IDENTIFICATION OF OBLIGATION

1. Underlying Agreement. The obligation arises from the [Written Contract / Invoice / Promissory Note / Account / Credit Agreement / Services Agreement] dated [__/__/____] between Creditor and Debtor (the "Agreement"). [Attach or reference copies.]

2. Nature of Obligation.
   ☐ Goods sold and delivered (Florida UCC Article 2, Fla. Stat. Ch. 672)
   ☐ Services rendered (Florida common law)
   ☐ Loan / promissory note (Florida UCC Article 3, Fla. Stat. Ch. 673)
   ☐ Lease of goods (Florida UCC Article 2A, Fla. Stat. Ch. 680)
   ☐ Construction work (Fla. Stat. §§ 713.001 et seq., 218.735, 715.12)
   ☐ Account stated (Fla. Stat. § 95.04)
   ☐ Open account
   ☐ Other: [________________________________]

3. Principal Amount Due: $[____________]

4. Accrued Interest Through [__/__/____]: $[____________]
5. Late Fees / Collection Costs: $[____________]
6. Total Amount Due: $[____________]

II. FACTUAL BACKGROUND

[Provide factual narrative: dates of goods/services, deliveries, invoice numbers, payment due dates, partial payments received, demand communications, etc. Reference exhibits.]

Key Dates:
- Agreement Date: [__/__/____]
- Last Payment Received: [__/__/____]
- First Missed Payment: [__/__/____]
- Current Days Past Due: [____]

III. APPLICABLE FLORIDA LAW AND LIMITATIONS

A. Statute of Limitations

Creditor's claim is timely under Florida law:

Creditor specifically reserves the right to allege account stated under Fla. Stat. § 95.04, based on Debtor's acceptance of invoices without timely objection, which creates an independent cause of action and a running of the statute of limitations from the date of the last account stated.

B. Interest Calculation

Under Fla. Stat. § 687.01, where no contractual rate is specified, the "legal rate" of interest applies (currently set by the Chief Financial Officer pursuant to Fla. Stat. § 55.03(1) and published quarterly). The Agreement specifies a contractual interest rate of [____]% per annum, which is within Florida's usury limits under Fla. Stat. § 687.02 (18% maximum for most non-business loans under $500,000; 25% criminal usury ceiling under § 687.071).

Prejudgment interest accrues from the date each payment became due. Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla. 1985) (prejudgment interest is recoverable as a matter of law once damages are liquidated).

C. Attorney's Fees and Costs

Creditor is entitled to recover attorney's fees and costs under one or more of the following Florida authorities, depending on the nature of the claim:

• Contractual Fee Provision. Section [____] of the Agreement provides that the prevailing party in any action to enforce the Agreement shall recover reasonable attorney's fees. Under Fla. Stat. § 57.105(7), any unilateral fee provision is made reciprocal in favor of whichever party prevails.
• Open Account / Account Stated. Fla. Stat. § 57.105 sanctions and common-law bases.
• FDUTPA (if applicable). Fla. Stat. § 501.2105.
• Construction Payment. Fla. Stat. §§ 713.29 (mechanic's lien), 218.735 (public prompt payment), 715.12 (private construction prompt payment), including interest at 2% per month for certain private construction payments.
• Offer of Judgment / Proposal for Settlement. Fla. Stat. § 768.79 and Fla. R. Civ. P. 1.442, authorizing fee-shifting if Debtor rejects Creditor's reasonable proposal for settlement and fails to obtain a judgment at least 25% less favorable.
• Section 57.105 Sanctions. For frivolous defenses lacking factual or legal support.

IV. DEMAND FOR PAYMENT

DEMAND: You are hereby demanded to pay the Total Amount Due of $[____________] on or before [__/__/____] (not less than ten (10) days from receipt of this letter).

Payment Instructions:
Pay by [cashier's check / wire transfer / ACH] to:
[________________________________]
Account: [________________________________]
Routing: [________________________________]
Reference: [Invoice/Account No. ________________]

Partial payments will not stay Creditor's right to proceed. A partial payment, or written acknowledgment of the debt, will toll the running of the statute of limitations under Fla. Stat. § 95.04 (acknowledgment restarts limitations period for written contracts and account stated).

V. CONSEQUENCES OF NON-PAYMENT

If full payment is not received by the deadline above, Creditor is prepared to immediately initiate legal action in the Circuit Court (or County Court if the amount is within its jurisdictional limits under Fla. Stat. § 34.01) in and for [________________________________] County, Florida, seeking:

1. Judgment for the full Total Amount Due plus all interest accrued through the date of judgment at the contractual rate or, if none, the Florida statutory rate under Fla. Stat. § 55.03;

2. Post-judgment interest at the rate established quarterly by the Florida CFO under Fla. Stat. § 55.03(1), automatically adjusting on January 1, April 1, July 1, and October 1 of each year;

3. Reasonable attorney's fees under contract, § 57.105(7), § 768.79, and all applicable fee-shifting statutes;

4. All taxable costs under Fla. Stat. § 57.041;

5. Prejudgment interest calculated from the date each invoice became past due;

6. Issuance of writs of garnishment (Fla. Stat. Ch. 77), execution (Fla. Stat. Ch. 56), attachment (Fla. Stat. Ch. 76), and replevin (Fla. Stat. Ch. 78), as available;

7. Recording of a judgment lien certificate with the Florida Department of State under Fla. Stat. § 55.202-55.209, creating a statewide lien on Debtor's non-homestead personal property; and

8. Recording of a certified judgment in any Florida county where Debtor owns non-homestead real property, creating a real property lien under Fla. Stat. § 55.10.

PLEASE NOTE: Certain assets are protected under Florida law, including homestead (Fla. Const. Art. X, § 4), qualified retirement accounts (Fla. Stat. § 222.21), annuities and life insurance cash value (Fla. Stat. §§ 222.13, 222.14), and certain wages (Fla. Stat. § 222.11). Creditor acknowledges these protections but asserts they will not preclude meaningful recovery.

VI. OFFER OF JUDGMENT / PROPOSAL FOR SETTLEMENT

Creditor hereby gives notice of its intent to serve a formal Proposal for Settlement under Fla. Stat. § 768.79 and Fla. R. Civ. P. 1.442 promptly after filing suit. If Debtor rejects such proposal and Creditor obtains a judgment at least 25% greater than the proposal amount, Creditor will be entitled to recover all attorney's fees and costs incurred from the date of the proposal through the date of judgment. This fee-shifting regime is a powerful tool that Creditor is prepared to invoke, and Debtor should consult counsel immediately regarding its implications.

VII. PRESERVATION OF RIGHTS AND CLAIMS

Creditor expressly reserves all rights, claims, remedies, and defenses, including the right to assert additional claims such as fraud, conversion, unjust enrichment, breach of fiduciary duty, civil theft under Fla. Stat. § 772.11 (triple damages plus attorney's fees upon proper pre-suit demand), and any other applicable claim. Nothing in this letter constitutes a waiver of any right or an election of remedies.

Litigation Hold: Debtor and any related parties are directed to preserve all documents, ESI, emails, accounting records, text messages, and tangible evidence relating to the obligations set forth herein. Failure to preserve may result in spoliation sanctions under Florida law.

VIII. SETTLEMENT INADMISSIBILITY

This letter is a confidential settlement communication under Fla. Stat. § 90.408 (Florida Evidence Code analog of Fed. R. Evid. 408) and is inadmissible to prove liability or amount of claim, except for purposes of negating contentions of undue delay or showing notice.

IX. CONTACT

If you dispute any portion of this debt, please provide a written statement of your dispute within the timeframe provided above. If you are represented by counsel, please forward this letter to your attorney immediately and have counsel contact the undersigned.

If payment is not received by the Compliance Deadline and we are not able to reach a resolution, Creditor will proceed with legal action without further notice.

Govern yourself accordingly.

Sincerely,

[________________________________]
[Name / Title]
[Attorney for Creditor (if applicable)]
Florida Bar No. [________________]

Enclosures:
- Copy of Agreement / Invoices
- Statement of Account
- Documentation of Prior Demand Communications

Sources and References

• Fla. Stat. § 95.11 - Statutes of limitations
• Fla. Stat. § 95.04 - Acknowledgment restarting limitations
• Fla. Stat. § 55.03 - Post-judgment interest (quarterly adjustment)
• Fla. Stat. § 687.01-687.071 - Legal interest rate and usury
• Fla. Stat. § 57.105 - Sanctions and reciprocal fee provisions
• Fla. Stat. § 768.79 - Proposal for settlement
• Fla. R. Civ. P. 1.442 - Proposals for settlement
• Fla. Stat. § 501.2105 - FDUTPA attorney's fees
• Fla. Stat. §§ 559.55-559.785 - Florida Consumer Collection Practices Act
• Fla. Stat. § 772.11 - Civil theft (treble damages)
• Fla. Stat. § 218.735, 715.12 - Prompt payment (construction)
• Fla. Stat. Chs. 56, 76, 77, 78 - Execution, attachment, garnishment, replevin
• Fla. Stat. §§ 55.10, 55.202-55.209 - Judgment liens
• Fla. Const. Art. X, § 4 - Homestead exemption
• Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla. 1985)