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Debt Collection Complain Letter

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In commercial activities, disputes on the debt are common and pose many risks to enterprises. One of the important measures to protect rights when debt disputes arise is to send a letter of complaint about the debt. This is not only a form of protest against an invalid payment request, but also a legal step to help enterprises assert their rights and build a basis for further measures.

1. What is a commercial debt complaint letter?

A debt complaint letter is an official document sent by a business or individual to their partner (which can be a supplier, customer or representative…) to object or request verification of a debt arising from a commercial transaction. This is an effective tool to help the debtor protect their legitimate rights and interests from the beginning of the dispute.

Sending a debt complaint letter is not only a formality, but also has a very important meaning. Depending on the specific circumstances, the debt complaint letter can include the following:

  • Prevent or request the termination of debt collection activities that are conducted in violation of the law, without proper authority or in a threatening manner or illegally causing pressure on the enterprise; or
  • Request the debt collector to provide specific and detailed evidence of the disputed debt; or
  • The enterprise can orient the resolution of disputes about financial obligations in the way in their favor (negotiation, mediation, Court, Arbitration). This helps the enterprise to ensure both legality and compliance with business interests.

2. When should a enterprise send a debt complaint letter?

A debt complaint letter is an effective tool to protect the interests of an enterprise. However, it is not always necessary for a business to use it. Sending a complaint letter should be considered in specific situations such as:

  • Debt collection activities are conducted illegally or unauthorized: When the debt collector or debt collection organization threatens, exerts illegal pressure or takes measures not permitted by law.
  • Errors in documents and invoices: When the amount requested for payment does not match the contract, order or issued invoice.
  • Did not receive goods or services: The debt is requested for payment but the business has not received the goods or services as agreed.
  • Problems with the quantity or quality of goods and services: When the goods or services do not match the quantity or standards agreed by the parties, leading to the business having to withhold part or all of the payment.
  • Payment request without clear legal basis: When the debt collector cannot provide legal documents or evidence to prove the existence of the debt.
  • The fault of the creditor or the supplier of goods and services: For example, the partner violates the contractual obligations, delivers goods late, or provides goods/services that do not meet the commitment but still requests payment.

In addition to the common situations mentioned above, there are many other cases where businesses need to consider sending a complaint letter to promptly protect their legitimate rights and interests.

3. Main contents of a complaint letter

For a complaint letter about a debt to be effective and legally valid, the business needs to ensure that the content is drafted fully, clearly and on a basis. Normally, a complaint letter should include the following contents:

  • Information about the business: Clearly state the business name, head office address, tax code, contact information and legal representative or authorized person to sign the letter. This is the factor that determines the subject of the letter and ensures transparency.
  • Information about the recipient (partner/party requesting payment): Includes the name, address, contact information of the creditor, supplier, customer or related debt collection organization.
  • Information about the debt: Briefly present information about the incident, the process of performing the contract or transaction, the amount, payment period, invoices, related documents.
  • Reason for complaint: The enterprise needs to clearly state the basis for objection to the payment request. For example: the invoice is incorrect in terms of the amount, the goods have not been delivered in sufficient quantity, the service does not meet the agreed quality, or the payment request lacks a legal basis.
  • Specific requests and proposals from the enterprise: This can be a request to provide documents proving the debt, a request to adjust the data, cancel the payment request or terminate illegal debt collection measures.
  • Dispute resolution orientation: The enterprise can clearly state the desire for a resolution method (negotiation, conciliation, or if necessary, file a lawsuit at the Court/Arbitration). This helps to shape the handling direction for the parties in advance.
  • Date, month, signature and seal (if any): The complaint letter must state the date of issue and be signed by an authorized representative, with the enterprise seal (if used), to ensure the legal value of the document.

A debt complaint letter drafted with all the above elements helps the business clearly present its point of view, while building a basis for resolving the dispute professionally and effectively.

4. Procedure for drafting and sending a complaint letter about debt

  • Step 1: Review documents, determine the cause of the complaint. First, the enterprise needs to review related documents and papers to clearly identify the legal basis, and clarify the reason for the dispute.
  • Step 2: Draft a complaint letter. The content of the complaint letter about debt needs to be presented briefly and concisely but with full necessary information: information of the parties, details of the debt, basis for complaint, specific requests and direction for dispute resolution. The writing style should be professional, objective and based on evidence.
  • Step 3: Check and review the content. Before issuing, the enterprise should carefully review the language, data, attached documents, basis and requests in accordance with legal regulations.
  • Step 4: Send a complaint letter about debt to the partner/debt collector. Letters can be sent by post with delivery notice or official email or delivered directly and request confirmation. The choice of delivery method should be considered based on the specific situation, actual conditions as well as legal evidence requirements to ensure efficiency and safety for the business.
  • Step 5: Follow up on feedback 

5. Sample letter of complaint about commercial debt

_______, date ___ month ___ year 2025
To:
_________________________________________________
Address ___________________________________________________
Mr/Ms. __________________________ – Legal representative

Regarding:

We, [name of organization/company], headquartered at ______________. We hereby respectfully send to your Company a letter of complaint about debt with the following specific contents:

I. SUMMARY

(Brief presentation of the process of performing the contract, transaction, payment or financial obligation that is in dispute, with data, time, and related documents).

II. BASIS

(Present the terms of the contract, current legal regulations, or documents proving that the complaint is well-founded).

III. PROPOSAL

Contact information:

Person in charge:___________________________________________________________

Phone number: ___________________________________________________________

Address: ________________________________________________________________

Mail: ____________________________________________________________________

We believe that your cooperation will bring the best solution for both parties.

Sincerely,

(Signature and seal of the legal representative)

6. Important notes to maintain business relationships

Sending a letter of complaint about a debt is a necessary step to protect the legitimate rights of the enterprise. However, in business activities, in addition to asserting views and protecting rights, enterprises also need to focus on maintaining long-term cooperative relationships with partners. Therefore, the process of drafting and sending a complaint letter should note the following:

  • First of all, maintaining a professional and respectful attitude is the key factor. Even if the partner makes a mistake, the complaint letter still needs to be presented objectively, avoiding harsh language to facilitate negotiation.
  • Next, the enterprise needs to rely on facts and legal grounds, clearly citing data, documents and contract terms. This approach both increases persuasiveness and limits unnecessary arguments.
  • Finally, keeping complete records and evidence is an important basis to protect the legitimate rights and interests of the enterprise from the initial exchange and negotiation process until the dispute is resolved at Arbitration or Court.

In short, sending a letter of complaint about the debt does not mean the end of cooperation, but can be an opportunity for the parties to review the transaction and build a more transparent and sustainable cooperation mechanism in the future.

7. Frequently Asked Questions (FAQs)

How long does it usually take to resolve a debt dispute?

=> Depending on the complexity and the method of resolution (negotiation, arbitration, court). Negotiation can take several weeks, while resolution through court or arbitration proceedings often takes several months to several years..

What should a business do if the other party does not respond to a complaint letter?

=> It is possible to send a reminder letter or file a lawsuit to protect its rights.

Should a business hire a lawyer from the beginning?

=> It is advisable to consult a lawyer early to avoid mistakes and have an appropriate strategy, especially for debts or complex nature..

Is late payment or non-payment of a debt considered a breach?

=> Yes. The debtor is usually required to pay late interest and may be liable for compensation if actual damage is caused.

Can a business be required to pay interest or compensation for damages?

=> Yes. The debtor is usually required to pay late interest and may be liable for compensation if actual damage is caused.

The above answers are for reference only and will vary depending on each specific case. Businesses should contact TNTP for detailed advice and support.

A letter of complaint about debt is an important legal tool, helping businesses proactively protect their legitimate rights and interests. Prepared and used properly, a letter of complaint not only limits the risk of disputes but also helps maintain effective and long-term cooperative relationships.

Above is the article “Debt Collection Complain Letter” by TNTP. We hope the article will be useful to our readers.

Sincerely,

TNTP & ASSOCIATES INTERNATIONAL LAW FIRM

  • Office in Ho Chi Minh City:
    Room no. 1901, 19 th Floor Saigon Trade Center Tower, No. 37 Ton Duc Thang Street, Ben Nghe Ward, District 1, Ho Chi Minh City
  • Office in Hanoi City:
    No. 2, Alley 308 Tay Son str, Thinh Quang Ward, Dong Da Dist, Hanoi City
  • Email: ha.nguyen@tntplaw.com


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